Common use of Surrender Clause in Contracts

Surrender. Tenant agrees that on the last day of the Term, or on the sooner termination of this Lease, Tenant shall surrender the premises to Landlord (a) in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted), and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord.

Appears in 2 contracts

Sources: Lease Agreement (Cloudflare, Inc.), Lease Agreement (Cloudflare, Inc.)

Surrender. Tenant agrees that on Upon the last day expiration or earlier termination of the Term, or on Sublessee shall vacate, surrender and deliver the sooner termination Subleased Premises to Sublessor in the same condition as of this Leasethe Commencement Date, Tenant shall surrender the premises to Landlord (a) in good condition and repair (damage by acts of God, fire, and normal ordinary wear and tear excepted), provided that Sublessee repair any damage to the Subleased Premises as a result of the removal of its personal property and (bany Alterations and Subsequent Alterations required to be removed pursuant to Section 9(b) otherwise in accordance with Paragraph 33(b)(iiiand 9(c). Normal wear In the event Sublessee fails to comply with the foregoing removal obligations or upon Sublessee being dispossessed by process of law or otherwise, any such property shall be deemed conclusively to be abandoned and tear Sublessor may retain, sell, store, destroy or otherwise dispose of the same as Sublessor so elects in its sole reasonable discretion upon ten (10) days’ prior written notice to Sublessee. Sublessee shall not include pay Sublessor on demand any reasonable out-of-pocket expenses incurred by Sublessor in the removal of such property, including, without limitation, the cost of repairing any damage or deterioration that would have been prevented to the Building caused by proper maintenance by Tenant or Tenant otherwise performing all the removal of such property and storage charges (if Sublessor elects to store such property). Further, in the event the end of the Term coincides with the end of the term under the Prime Lease, Sublessee shall provide Sublessor with reasonable access to the Subleased Premises to allow Sublessor to fulfill its obligations under the Prime Lease, including, without limitation, removing any Alterations and Subsequent Alterations existing in the Subleased Premises prior to the Commencement Date and Sublessee shall otherwise reasonably cooperate with Sublessor in connection with the foregoing. Sublessee’s obligations under this Lease. On or before Section 10 shall survive the expiration or sooner earlier termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of LandlordSublease.

Appears in 2 contracts

Sources: Sublease (Global Employment Holdings, Inc.), Sublease (Global Employment Holdings, Inc.)

Surrender. No act by Landlord will be an acceptance of a surrender of the Property, and no agreement to accept a surrender of the Property will be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant’s right to possess the Property (subject to the Wind-Down Period, as provided below), Tenant agrees that on shall: (a) deliver to Landlord the last day Property with all Improvements located thereon in good repair and condition, reasonable wear and tear excepted (subject however to Tenant’s maintenance obligations), and (b) deliver to Landlord all keys, security codes and similar access controls to the Property. Tenant, at its sole cost and expense, shall promptly remove all Personal Property owned by Tenant and Tenant Removables from the Property. Additionally, Tenant, without notice from Landlord, shall remove all Hazardous Materials if required under Legal Requirements and all additions, alterations, improvements, machinery and movable and nonmovable fixtures relating to the use, testing or storage of Hazardous Materials in compliance with all Legal Requirements prior to the expiration of the Term. All items required to be removed hereunder and not so removed will, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or on otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items, and Tenant shall pay for the sooner expenses and costs incurred by Landlord in connection therewith, whether for such removal or the restoration of damages resulting from such removal. On or before the expiration or earlier termination of this Lease, Tenant shall surrender the premises cause any Leasehold Mortgages to Landlord (a) in good condition be fully released and repair (damage by acts of God, fire, and normal wear and tear excepted), and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlorddischarged.

Appears in 2 contracts

Sources: Ground Lease, Ground Lease

Surrender. Tenant agrees that on On the last day of the Term, or on the sooner termination of this Lease, Tenant shall surrender the premises Premises to Landlord (a) in broom-clean condition and in as good condition and repair as received (damage by acts of God, fire, and condemnation, normal wear and tear tear, Hazardous Materials (other than those released or emitted by Tenant or Tenant’s Agents, alterations or other interior improvements which it is permitted to surrender at the termination of this Lease and repairs that Tenant is not responsible for under this Lease, excepted), and (b) otherwise in accordance with Paragraph 33(b)(iii32(j). Normal wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including any marks or stains on any portion of the floors) any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On In addition, on or before the expiration or sooner termination of this Lease, Tenant, at Tenant’s expense, shall remove the following items and repair any damage caused by such removal: (i) Tenant shall remove all of Tenant’s Property (as hereinafter defineddefined in Paragraph 15(b)) and Tenant’s signage from the Premises, the Building and or the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and Project; (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior any Specialty Alterations constructed pursuant to the Expiration Date (except in the event of a termination of this Lease prior Work Letter and designated for removal by Landlord pursuant to the scheduled Expiration Date, in which event no advance notice shall be requiredWork Letter; and (iii) subject to the provisions of Paragraph 12(d), require any Specialty Alterations made by or on behalf of Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused designated by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, for removal at the time Landlord consented to such Specialty Alterations. Tenant’s removal and disposal of items pursuant to this Paragraph 11 must comply with the Building’s Sustainability Practices and the applicable Green Building Standards, if any. All Tenant Improvements and Alterations, except those which Landlord requires Tenant to remove, shall remain in the Premises as the property of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed governed by the provisions of California Civil Code Sections 1980 et seq. and 1993 et seq. governing the disposal of lost or abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord.

Appears in 2 contracts

Sources: Lease Agreement (10x Genomics, Inc.), Lease Agreement (10X Genomics, Inc.)

Surrender. Tenant agrees that on On the last day Lease Expiration Date, Tenant, at its sole cost, shall return possession of the TermPremises to Landlord in accordance with Tenant’s obligations under this Lease, and otherwise in the condition described on Exhibit F attached hereto, ordinary wear and tear and damage by fire or casualty excepted. Conditions existing as a result of (i) Tenant’s failure to Maintain the Premises or the Project, as required by this Lease, (ii) Tenant’s failure to abide by the terms of this Lease or its default, or on (iii) the sooner termination presence of Hazardous Materials on, in, under or about the Premises, the Project or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activities, or failure to act, in connection with the Premises or the Project, shall not be deemed “ordinary wear and tear.” On or before the Lease Expiration Date, Tenant, at its sole cost, shall remove Tenant’s Property from the Project and repair all damage resulting from such removal and restore the Project to good order and condition, subject to the “Alterations; Liens” Section above. If Tenant fails to remove any of Tenant’s Property as required hereunder, then Landlord may deem all or any part of Tenant’s Property to be abandoned and, at Landlord’s option, title to Tenant’s Property shall vest in Landlord, and/or Landlord may at Tenant’s expense remove and/or dispose of any Tenant’s Property in any manner Landlord deems appropriate. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall surrender the premises to pay Landlord (a) in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted), and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) resulting damages Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlordsuffer.

Appears in 2 contracts

Sources: Lease (AeroVironment Inc), Lease (Repro Med Systems Inc)

Surrender. Tenant agrees that on Upon the last day expiration of this Sublease, or upon the termination of the TermSublease or of the Lessee's right to possession of the Premises, or on Lessee will at once surrender and deliver up the sooner termination of this LeasePremises, Tenant shall surrender the premises together with all improvements thereon, to Landlord (a) Lessor in good condition and repair (damage by acts of Godrepair, fire, and normal reasonable wear and tear and, subject to Section 21 of this Sublease, casualty damage excepted); conditions existing because of Lessee's failure to perform maintenance, repairs or replacements as required of Lessee under this Sublease shall not be deemed "reasonable wear and tear." Said improvements shall include all plumbing, lighting, electrical, heating, cooling and ventilating fixtures and equipment and other articles of personal property used in the operation of the Premises (b) otherwise in accordance with Paragraph 33(b)(iiias distinguished from operations incident to the business of Lessee). Normal wear and tear Lessee shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing surrender to Lessor all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from keys to the Premises, and make known to Lessor the Building combination of all combination locks which Lessee is permitted to leave on the Premises. All Alterations in or upon the Premises made by Lessee shall become a part of and shall remain upon the Project and repairPremises, patchupon such termination without compensation, repair and repaint allowance or credit to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such propertyLessee; provided, however, that Tenant Lessee shall remain liable remove any Alterations made by Lessee, or portion thereof to Landlord for all the extent Lessor may be required to do so by Prime Lessor. If Prime Lessor requires removal of any Alteration made by Lessee, or a portion thereof, and Lessee does not make such removal in accordance with this Section, Lessor may remove the same (and repair any damage occasioned thereby), and dispose thereof, or at its election, deliver the same to any other place of business of Lessee, or warehouse the same. Lessee shall pay the reasonable costs incurred in storing and disposing of such abandoned property removal, repair, delivery and warehousing within ten (days) following receipt of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of LandlordLessor's documented invoice therefor.

Appears in 2 contracts

Sources: Sublease (Action Performance Companies Inc), Sublease Agreement (Integrated Information Systems Inc)

Surrender. Section 16.1. Tenant agrees that shall, on the last day of the Term, or on upon the sooner termination of this Leasethe Term, Tenant shall quit and surrender the premises to Landlord (a) the Property vacant, free of all equipment, furniture and other movable personal property of Tenant, and in good condition order and repair (damage by acts of Godcondition, fire, and normal reasonable wear and tear and damage due to casualty (subject to the provisions of Article 7) or condemnation (subject to the provisions of Article 8) excepted), and (b) otherwise Tenant shall remove or demolish all of the fixtures, structures and other improvements which Landlord shall have elected to cause Tenant to remove pursuant to and in accordance with Paragraph 33(b)(iii)Section 5.8 hereof. Normal wear Tenant's obligation to observe and tear perform this covenant shall not include any damage survive the expiration or deterioration that would have been prevented by proper maintenance earlier termination of the Term. Section 16.2. Upon the expiration of the Term, all Fixed Rent and Additional Rent and other items payable by Tenant or Tenant otherwise performing all of its obligations under this LeaseLease shall be apportioned to the date of termination. Section 16.3. On or before Tenant acknowledges that possession of the Property must be surrendered to Landlord at the expiration or sooner termination of the Term of this Lease. Tenant agrees to indemnify Landlord against and save Landlord harmless from all costs, claims, loss or liability resulting from the failure or delay by Tenant in so surrendering the Property, including, without limitation, any claims made by any succeeding tenant founded on such failure or delay. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Property as aforesaid will be extremely substantial, will exceed the amount of the Fixed Rent and Additional Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Property is not surrendered to Landlord upon the expiration or sooner termination of the Term of this Lease, (i) then Tenant shall remove all pay to Landlord, as liquidated damages for each month and for each portion of Tenant’s any month during which Tenant holds over in the Property (as hereinafter defined) and Tenant’s signage from after the Premisesexpiration or sooner termination of the Term of this Lease, the Building and the Project and repair, patch, repair and repaint in addition to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior sums payable pursuant to the Expiration Date foregoing indemnity, one hundred fifty percent (except 150%) of the Fixed Rent and Additional Rent which was payable under this Lease with respect to the last month of the Term hereof. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Property after the expiration or sooner termination of the Term of this Lease. If Tenant holds over in possession after the expiration or termination of the Term of the Lease, such holding over shall not be deemed to extend the Term or renew this Lease, but the tenancy thereafter shall continue as a tenancy from month to month upon the terms and conditions of this Lease at the Fixed Rent and Additional Rent as herein increased. Tenant hereby knowingly and voluntarily waives the benefit of any law or statute or equitable right in effect in the event of a state where the Property is located which would contravene or limit the provisions set forth in this Section 16.3. This provision shall survive the expiration or earlier termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of LandlordLease.

Appears in 2 contracts

Sources: Lease Agreement (Infocrossing Inc), Lease Agreement (Infocrossing Inc)

Surrender. Tenant agrees that on On the last Expiration Date or upon the termination hereof upon a day of other than the TermExpiration Date, or on the sooner termination of this Lease, Tenant Lessee shall peaceably surrender the premises to Landlord (a) Demised Premises broom-clean in good order, condition and repair (damage by acts of Godrepair, fire, and normal reasonable wear and tear only excepted), and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the Expiration Date or upon termination of this Lease on a day other than the Expiration Date, Lessee shall, at its expense, remove all trade fixtures, personal property and equipment and signs from the Demised Premises and any property not removed shall be deemed to have been abandoned. Any damage caused in the removal of such items shall be immediately repaired by Lessee and at its expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which shall have been made or installed by Lessor or Lessee upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from . If the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given Demised Premises are not later than ninety (90) days prior to surrendered on the Expiration Date (except in or the event date of a termination of this Lease prior termination, Lessee shall indemnify and hold Lessor harmless against any loss or liability, claims, without limitation, made by any succeeding lessee founded on or related to such delay. Lessee shall promptly surrender all keys for the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense Demised Premises to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, Lessor at the time place then fixed for payment of Landlord’s consent, which Alterations rent and shall be removed. Any inform Lessor of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned combinations of any locks and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in safes on the Premises as the property of LandlordDemised Premises.

Appears in 2 contracts

Sources: Office/Warehouse Lease (Childrens Broadcasting Corp), Office/Warehouse Lease (Childrens Broadcasting Corp)

Surrender. Tenant agrees that on At the last day expiration of the Term, Term or on the sooner earlier termination of this Lease, without the requirement of any notice, Tenant shall peaceably surrender the premises to Landlord (a) in good condition Premises including all alterations and repair (damage by acts of Godadditions thereto and all replacements thereof, fireincluding carpeting, any water or electricity meters, and normal all fixtures and partitions, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions (other than cabling, which Tenant shall always be required to remove), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear excepted), and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior casualty subject to the Expiration Date (except in the event provisions of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Section 6.1. Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenantshall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein the same shall be deemed abandoned by Tenant and may be stored, removed, and disposed of by Landlord at Tenant’s expense, . In the event that Landlord terminates this Lease pursuant to Section 7.1 and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention re-enters and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in possesses the Premises as in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlord.

Appears in 2 contracts

Sources: Consent to Sublease (Biofrontera AG), Consent to Sublease (Biofrontera AG)

Surrender. Tenant agrees that on At the last day expiration of the Term, Term or on the sooner earlier termination of this Lease, without the requirement of any notice, Tenant shall peaceably surrender the premises to Landlord (a) in good condition Premises including all alterations and repair (damage by acts of Godadditions thereto and all replacements thereof, fireincluding carpeting, any water or electricity meters, and normal all fixtures and partitions, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear excepted), and (b) otherwise in accordance with Paragraph 33(b)(iii)damage by casualty. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenantshall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein the same shall be deemed abandoned by Tenant and may be stored, removed, and disposed of by Landlord at Tenant’s expense, . In the event that Landlord terminates this Lease pursuant to Section 7.1 and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention re-enters and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in possesses the Premises as in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlord.

Appears in 2 contracts

Sources: Lease Agreement (Altus Pharmaceuticals Inc.), Office Lease (Altus Pharmaceuticals Inc.)

Surrender. Tenant agrees that on (a) Except as otherwise provided in Section 2(c) or 14(b), upon the last day expiration or other termination of the Term, or on the sooner termination of this LeaseTenant shall, Tenant shall without notice from Landlord, quit and surrender the premises to Landlord the Premises, vacant, broom-clean, and (asubject to the provisions of Article 8 hereof) in good substantially the same condition and repair (as on the Commencement Date, reasonable wear and tear and damage by acts of God, firewhich Landlord is obligated to repair hereunder excepted, and normal shall surrender possession of the Leased Equipment to Landlord in substantially the same order and repair as on the Commencement Date, reasonable wear and tear excepted). In addition, and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear Tenant shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing remove all of its obligations under personal property located at or in the Premises or elsewhere in the Building. Any damage caused to the Premises or any other portions of the Building as a result of the removal of Tenant’s personal property shall be repaired by Tenant at its sole cost and expense. Tenant’s obligation to observe or perform this Lease. On or before covenant shall survive the expiration or sooner termination of the Term. (b) Except for any applicable transition periods pursuant to the Transition Rights, which for purposes of this Section 18(b) shall not be considered a hold over by Tenant, if Tenant shall hold over and remain on the Premises or fail to remove any of its personal property beyond the expiration or earlier termination of this Lease, such holding over shall not be deemed to be an extension of this Lease, and, in addition to any rights Landlord may have under the terms of this Lease, or at law or in equity, Landlord shall be entitled to recover any and all damages (iincluding, without limitation, any out-of-pocket costs associated with any repairs, replacements, removal of property or other similar costs, but excluding any special, indirect, consequential or exemplary damages and any loss of business or profits, whether or not foreseeable) Tenant shall remove all suffered by Landlord as a result of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expenseholding over, and Tenant waives all claims against shall also be obligated to pay to Landlord a per diem amount based on an annual rate equal to two hundred percent (200%) of the Base Rent payable on the date immediately preceding such holdover for each day thereafter that Tenant remains in occupancy of the Premises. Subject to the parenthetical in the immediately preceding sentence regarding the scope of damages, Tenant shall indemnify and hold Landlord harmless from any damages resulting from Landlord’s retention liability, loss, costs and disposition expenses, including, but not limited to reasonable attorneys’ fees, arising out of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of holding over by Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord.

Appears in 2 contracts

Sources: Master Agreement (Westwood One Inc /De/), Lease (Westwood One Inc /De/)

Surrender. a) At the expiration or earlier termination of the Term Tenant agrees that on shall promptly yield up the last day Premises and all improvements, alterations and additions thereto, and all fixtures and equipment servicing the Premises in a condition which is clean of garbage and debris and broom clean and in the same condition, order and repair in which they are required to be kept throughout the Term, ordinary wear and tear excepted. b) Tenant, upon three (3) months prior written notice to Landlord, Tenant may extend the Term, or on if applicable, any renewal term, of the sooner termination Lease for one (1) additional three (3) month period and during such period, all the terms and conditions of this Lease, Lease shall apply and Tenant shall surrender pay Fixed Basic Rent at the premises rate then being paid by Tenant. If Tenant, or any person claiming through Tenant, continues to Landlord (a) in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted), and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before occupy the Premises after the expiration or sooner earlier termination of this Lease, (i) Tenant shall remove all the Term or any renewal thereof without prior written consent of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the PremisesLandlord, the Building and tenancy under this Lease shall become, at the Project and repairoption of Landlord, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by expressed in a written notice to Tenant given and not later than ninety otherwise, either from month-to-month, terminable by Landlord on thirty (9030) days prior to notice, under the Expiration Date (except same terms and conditions set forth in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such propertyLease; providedexcept, however, that the Fixed Basic Rent during such continued occupancy shall be 150% of the amount set forth in subsection 6(a) and Tenant shall remain liable to indemnify Landlord for all costs any loss or damage incurred in storing and disposing of such abandoned property by reason of Tenant's failure to surrender the Premises. All Anything to the contrary notwithstanding, any holding over by Tenant Improvements without Landlord's prior written consent shall constitute a default hereunder and Alterations except those which Landlord requires Tenant shall be subject to remove shall remain all the remedies set forth in the Premises as the property of Landlordsubsection 26(b) hereof.

Appears in 2 contracts

Sources: Office Space Lease (Broadview Networks Holdings Inc), Office Space Lease (Broadview Networks Holdings Inc)

Surrender. Tenant agrees that on the last day of the Term, or on the sooner termination of this Lease, Tenant shall surrender the premises to Landlord (a) in good the same condition as herein agreed they have been received, damage caused by war, earthquake and repair (damage by acts of God, fire, and normal ordinary wear and tear excepted)excepted but with carpets vacuumed and other floors "broom clean". At the time of termination of this lease, and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include Landlord may require any damage or deterioration that would have been prevented by proper maintenance all of the alterations or additions installed by Tenant or Tenant otherwise performing all by Landlord for the benefit of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense 's request to remove any be removed and the premises restored to their original condition, whether or all Alterations (but not any said alterations or additions have become part of the initial Tenant Improvements) and to repair any damage caused by such removalpremises under paragraph 11 hereof. Notwithstanding the foregoing, Tenant shall not be required to remove the Tenant Improvements made at the commencement of the Term, and subsequent alterations and improvements unless (I) Tenant has not requested Landlord's consent to them (whether or not such consent is required) or, (II) Tenant has requested such consent and Landlord shall notify has notified Tenant, at the time of Landlord’s consentTenant's request for consent that such removal will be required. Upon surrender of the premises, which Alterations shall be removed. Any either at the expiration of Tenant’s Property the term or otherwise, Lessee agrees to remove all personal property and rubbish from the premises; but if not so removed by Tenant, Landlord may have the same removed at Tenant's expense. All property of Tenant as required herein not so removed, unless such non-removal is consented to by Landlord, shall be deemed abandoned and may be storedby Tenant, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of provided that in such property; provided, however, that event Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in If the Premises as are not surrendered at the property end of the term or sooner termination of this lease, Tenant hereby indemnifies Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant founded on such delay. In the event of surrender of this lease, Landlord shall have the option of terminating all existing sub-leases or of assigning said sub-leases to Landlord.

Appears in 2 contracts

Sources: Sublease (MMC Networks Inc), Sub Lease Agreement (Globalcenter Inc)

Surrender. Tenant agrees that on Upon the last day of the Term, expiration or on the sooner other termination of this Lease, Tenant shall quit and surrender the premises to Landlord (a) the Premises in the manner set forth in Section 13 of this Lease, broom clean and in good condition and repair (damage by acts state of Godrepair, fire, and normal reasonable wear and tear excepted)only accepted. If Tenant is not then in default, Tenant shall remove all personal property and equipment not attached to the Premises which it has placed upon the Premises, and Tenant shall restore the Premises to the condition immediately preceding the time of placement thereof (b) otherwise to the extent required in accordance with Paragraph 33(b)(iiiSection 13 above). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) If Tenant shall fail or refuse to remove all of Tenant’s Property (as hereinafter defined) effects, personal property and Tenant’s signage equipment from the Premises, Premises upon the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a expiration or termination of this Lease prior to the scheduled Expiration Datefor any cause whatsoever or upon Tenant being dispossessed by process of law or otherwise, in which event no advance notice shall be required)such effects, require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) personal property and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein equipment shall be deemed conclusively to be abandoned and may be appropriated, sold, stored, removed, and destroyed or otherwise disposed of by Landlord at Tenant’s expense, without written notice to Tenant or any other party and without obligation to account for them. Tenant waives shall pay Landlord on demand any and all claims against expenses or damages incurred by Landlord for any damages resulting from Landlord’s retention and disposition in the removal of such property; provided, howeverincluding, that Tenant shall remain liable without limitation, the cost of repairing and damage to Landlord for all costs incurred in storing and disposing the Building or Property caused by the removal of such abandoned property and storage charges (if Landlord elects to store such property). The covenants and conditions of this Section 42 shall survive any expiration or termination of this Lease. Low Voltage Cables: In the event any low voltage cables have been installed by or for, or otherwise used by Tenant, then Tenant, upon vacating the Premises, at its expense, shall remove all low voltage cables including, but not limited to, facsimile, internet, security, and alarm system cables from the Premises. All In the event Tenant Improvements and Alterations except those which does not remove all low voltage cables upon vacating the Premises, Landlord requires Tenant has the right to remove shall remain in the Premises as the property of Landlordcables and charge Tenant for such cost and expense.

Appears in 2 contracts

Sources: Lease Agreement (ScanTech AI Systems Inc.), Lease Agreement (ScanTech AI Systems Inc.)

Surrender. Tenant agrees that on Upon the last day of the Term, or on the sooner termination of this Sub-Lease, Tenant shall whether by forfeiture, lapse oftime or otherwise, or upon the termination of Sub-Lessee’s right to possession ofthe Sub-Lease Premises, Sub-Lessee will promptly, and without demand, surrender and deliver up the premises to Landlord (a) Sub-Lease Premises, together with all fixtures therein and improvements in good condition and repair, reasonable wear and tear and damage excepted and taking into consideration the existing condition of the Building. Such fixtures and improvements shall include all plumbing, lighting, light fixtures, water heater (if any), electrical, heating, cooling and ventilating fixtures and equipment and air conditioning, together with all duct work. Except as otherwise specifically herein provided, all additions and all improvements, temporary or permanent, in or upon the Sub-Lease Premises placed there by Sub-Lessee shall become Sub-Lessor’s property and shall remain upon the Sub-Lease Premises upon such termination of this Lease by lapse of time or otherwise, without compensation or allowance or credit to Sub-Lessee, unless Sub-Lessor requests their removal in writing at or before the time of such termination of this Sub-Lease. If Sub-Lessor requests the removal of Sub-Lessee’s improvements or fixtures, Sub-Lessee shall repair (any injury or damage by acts to the Sub-Lease Premises which may result from such removal and restore the Sub-Lease Premises to substantially the condition they were in as of Godthe date of this Sub-Lease, fire, and normal ordinary wear and tear excepted), and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before If at the expiration or sooner termination of this Sub-Lease, (i) Tenant shall remove all of TenantSub-Lessee’s Property (as hereinafter defined) and Tenant’s signage personal property has not been removed from the Sub-Lease Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice it shall be required), require Tenant at Tenant’s expense irrebuttably presumed that Sub-Lessee has abandoned such property and Sub-Lessor is authorized to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenantdiscard, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at TenantSub-Lessee’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition such property without prior notice to Sub-Lessee. Sub-Lessor shall have no responsibility to safeguard such property or to dispose of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred it in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlorda commercially reasonable manner.

Appears in 2 contracts

Sources: Sublease Agreement (Allvue Systems Holdings, Inc.), Sublease Agreement (Allvue Systems Holdings, Inc.)

Surrender. Tenant agrees that on Upon the last day expiration of the Term, Term or on the sooner earlier termination of this LeaseTenant’s right of possession, Tenant shall surrender the premises Premises to Landlord in as good a condition as when received, subject to any Alterations or Installations permitted by Landlord to remain in the Premises, free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises by any person other than a Landlord Party (a) in good condition and repair (damage by acts of Godcollectively, fire“Tenant HazMat Operations”), and normal broom clean, ordinary wear and tear and casualty loss and condemnation covered by Sections 18 and 19 excepted), and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove immediately return to Landlord all keys and/or access cards to parking, the Project, restrooms or all or any portion of the Premises furnished to or otherwise procured by Tenant. If any such access card or key is lost, Tenant shall pay to Landlord, at Landlord’s election, either the cost of replacing such lost access card or key or the cost of reprogramming the access security system in which such access card was used or changing the lock or locks opened by such lost key. Any Tenant’s Property (as hereinafter defined) Property, Alterations and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and and/or disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All obligations of Tenant Improvements hereunder not fully performed as of the termination of the Term, including the obligations of Tenant under Section 30 hereof, shall survive the expiration or earlier termination of the Term, including, without limitation, indemnity obligations, payment obligations with respect to Rent and Alterations except those which Landlord requires Tenant to remove shall remain in obligations concerning the Premises as condition and repair of the property of LandlordPremises.

Appears in 2 contracts

Sources: Lease Agreement (Adaptive Insights Inc), Lease Agreement (Adaptive Insights Inc)

Surrender. Tenant agrees that on Upon the last day of the Term, or on the sooner termination of this Lease, Tenant shall peaceably surrender the premises Property to Landlord (a) in good the same condition and repair (damage by acts of God, fire, and normal wear and tear excepted), and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before which they were received from Landlord at the expiration or sooner termination commencement of this Lease, (i) except as altered as permitted or required by this Lease and except for ordinary wear and tear. Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the PremisesProperty prior to such termination all its property that is capable of removal without causing damage to the Property, the Building and the Project and repairand, patchat Tenant's expense, repair and repaint to match any damage any damage caused by shall at such times of removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Property not so removed shall become the property of Landlord. Landlord may thereafter cause such property to be removed and disposition and the cost of repairing any damage caused by such removal shall be borne by Tenant. Notwithstanding anything to the contrary contained herein, upon termination of this Lease pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall become the property of Landlord. Any holding over by Tenant of the Property after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall notify Tenantprotect, at the time of Landlord’s consentdefend, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned indemnity and may be storedhold harmless Landlord from all loss, removedcosts, attorneys' fees, damages and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages liabilities resulting from Landlord’s retention such failure, including, without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and disposition of such property; provided, however, that Tenant shall remain liable any lost profits to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlordresulting therefrom.

Appears in 2 contracts

Sources: Lease Agreement (Source Interlink Companies Inc), Lease Agreement (Source Interlink Companies Inc)

Surrender. On or before the ninetieth (90th) day preceding the Expiration Date, Tenant agrees shall notify Landlord in writing of Tenant’s targeted date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that on failure by any party to participate in the last day walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the TermTermination Date, or on the sooner termination Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall surrender the premises Premises to Landlord (a) in as good condition order and repair (damage by acts of Godas on the Commencement Date, fire, and normal reasonable wear and tear and damage by casualty excepted), free and (b) otherwise clear of all letting and occupancies and free of Tenant’s Hazardous Materials as required pursuant to Article 12, with all applicable closure requirements satisfied in accordance with Paragraph 33(b)(iii). Normal wear Section 12.10, and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove with all of Tenant’s Property (as hereinafter definedincluding all movable equipment, furniture, trade fixtures and other personal property) and Tenant’s signage removed from the Premises. Subject to Article 9, the Building and the Project and repair, patch, repair and repaint to match upon any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Dateall improvements, in which event no advance notice shall be required), require Tenant at except for Tenant’s expense to remove any Property, shall automatically and without further act by Landlord or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as become the property of Landlord, free and clear of any claim or interest therein by Tenant, and without payment therefore by Landlord. Tenant acknowledges that it is aware of Landlord’s plans to redevelop the Property upon the termination of this Lease, and, therefore, if the Premises are not surrendered as of the end of the Term in the manner and condition described in this Section 20.1, Landlord may suffer extensive damage. In the event of such failure or delay, Tenant shall indemnify, defend, protect and hold Landlord harmless from and against any and all Losses resulting from or caused by Tenant’s delay or failure in so surrendering the Premises, including, without limitation, any lost rents and any claims made by any succeeding tenant due to such delay or failure and any expense, loss or damage (including consequential and indirect damages) incurred by Landlord as a result of the delay in Landlord’s redevelopment plans for the Property.

Appears in 2 contracts

Sources: Commercial Lease (Carbylan Therapeutics, Inc.), Commercial Lease (Carbylan Therapeutics, Inc.)

Surrender. Tenant agrees that on the last day of the Termshall, or on the sooner termination of this Lease, Tenant shall surrender the premises to Landlord (a) in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted), and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the upon expiration or sooner termination of this Lease, surrender the Premises to Landlord in the same condition as existed on the Commencement Date (ireasonable wear and tear, losses due to casualty and condemnation and Landlord’s repair obligations excepted) Tenant shall remove with all of Tenantholes in walls repaired, all HVAC equipment in good operating order and in good repair (reasonable wear and tear, losses due to casualty and condemnation and Landlord’s Property (as hereinafter defined) and Tenant’s signage from the Premisesrepair obligations excepted), the Building and the Project and repairPremises in broom clean condition, patchall to the reasonable satisfaction of Landlord. In addition, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a expiration or earlier termination of this Lease prior to Tenant shall: (a) upon Landlord’s request, remove all telephone and other cabling installed in the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Building by Tenant; (b) remove from the Premises all Tenant’s expense to remove any or personal property and trade fixtures, and all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property property not so removed by Tenant as required herein shall be deemed abandoned by Tenant; and may be stored, removed, and disposed of by (c) remove all alterations that Landlord at Tenant’s expense, has elected to require Tenant to remove ; and Tenant waives all claims against shall repair any damage and perform any restoration work caused by removal of any of the foregoing items. If such removal is not completed within the time periods required herein, Landlord for any damages resulting from Landlord’s retention shall have the right (but no obligation) to remove the same and disposition of such property; provided, however, that Tenant shall remain be liable to Landlord for all costs incurred in storing of removal of any abandoned trade fixtures or equipment of Tenant, or of any alterations Tenant fails to remove if required by this Lease, together with the cost of returning the Premises to the condition required by this Lease, and disposing the transportation and storage costs of such abandoned property of Tenantitems. All Tenant Improvements and Alterations except those which Landlord requires Tenant keys to remove shall remain in the Premises as or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the property lease term. Normal wear and tear, for purposes of Landlordthis provision, shall be construed to mean wear and tear caused to the Premises by the natural aging process that occurs in spite of application of good standards for maintenance, repair and janitorial practices. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which should have been attended to by Tenant in accordance with the requirements of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Anacor Pharmaceuticals Inc)

Surrender. Tenant agrees that on the last day Upon expiration of the TermTerm or earlier termination of Tenant’s right of possession, Tenant may, subject to the exercise of any remedies by Landlord (to the extent not waived with respect to any of Tenant’s personal property which is leased or financed), remove Tenant’s Property and shall surrender the Premises to Landlord in the same condition as received, broom clean, ordinary wear and tear and casualty loss and condemnation covered by Sections 18 and 19 excepted and shall return to Landlord all keys to offices and restrooms furnished to, or on the sooner termination of this Leaseotherwise procured by, Tenant. If any, such key is lost, Tenant shall surrender pay to Landlord, at Landlord’s election, either the premises to Landlord (a) in good condition and repair (damage by acts cost of God, fire, and normal wear and tear excepted), and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage replacing such lost key or deterioration that would have been prevented by proper maintenance by Tenant the cost of changing the lock or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused locks opened by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removedlost key. Any of Tenant’s Property Tenant Property, Alterations and property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and and/or disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All obligations of Tenant Improvements hereunder not fully performed as of the termination of the Term shall survive the termination of the Term, including without limitation, indemnity obligations, payment obligations with respect to Rent and Alterations except those which Landlord requires Tenant obligations concerning the condition and repair of the Premises, including the obligation to remove shall remain in the Premises as the property of Landlordobtain all required Hazardous Materials Clearances.

Appears in 1 contract

Sources: Lease Agreement (Xcyte Therapies Inc)

Surrender. Tenant agrees that on the last day of the Term, or on the sooner termination of this Lease, Tenant shall surrender the premises Premises to Landlord (a) in good condition and repair (damage by acts of God, fire, and other casualty, condemnation and normal wear and tear excepted), but with all interior walls painted or cleaned so they appear painted, any carpets cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) otherwise in accordance with Paragraph 33(b)(iii32(h). Normal wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains on any portion of the floors), and any damage or deterioration that would have been prevented by proper maintenance by Tenant Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) Alterations, and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove (including those which Tenant is required to remove pursuant to Paragraph 12(i) below) shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the end of the Term or sooner termination of this Lease, and in accordance with the provisions of this Paragraph 11 and Paragraph 32(h) below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Paragraph 35 below) until the Premises are so surrendered in accordance with said Paragraphs, and Tenant shall indemnify, defend and hold Landlord harmless from and against any and all loss or liability resulting from delay by Tenant in so surrendering the Premises including, without limitation, any loss or liability resulting from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses to Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys’ fees and costs.

Appears in 1 contract

Sources: Lease Agreement (NovaRay Medical, Inc.)

Surrender. (a) On the date on which this Lease expires or terminates, Tenant agrees that on the last day shall return possession of the TermPremises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or on other conditions that Tenant is not required to remedy under this Lease. Prior to the sooner expiration or termination of this Lease, Tenant shall surrender remove from the premises to Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise upon at least sixty (a60) in good condition and repair (damage by acts of God, fire, and normal wear and tear excepteddays’ prior written notice), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer. (b) otherwise If Tenant remains in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all possession of its obligations under this Lease. On or before the Premises after the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and occupancy of the Premises shall be that of a tenancy at will. Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match occupancy during any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior holdover period shall otherwise be subject to the Expiration Date provisions of this Lease (unless clearly inapplicable), except in that the event Monthly Rent shall be, for the first three (3) months, one hundred and twenty‑five percent (125%) of a the Monthly Rent payable for the last full month immediately preceding the holdover and, thereafter, one hundred and fifty percent (150%) of the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease prior shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the scheduled Expiration Datecontrary notwithstanding, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed holdover by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed constitute a default on the part of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord.under this Lease entitling 13 QB\129138.00037\24864053.9

Appears in 1 contract

Sources: Lease Agreement (Wageworks, Inc.)

Surrender. Tenant agrees that on Upon the last day expiration of the Term, Term or on the sooner earlier termination of this LeaseTenant’s right of possession, Tenant shall surrender the premises Premises to Landlord (a) in good the same condition and repair (damage as received, subject to any Alterations or Installations permitted by acts Landlord to remain in the Premises, free of GodHazardous Materials brought upon, firekept, and normal used, stored, handled, treated, generated in, or released or disposed of from, the Premises by any person other than a Landlord Party, broom clean, ordinary wear and tear and casualty loss and condemnation covered by Sections 18 and 19 excepted), and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove immediately return to Landlord all keys and/or access cards to parking, the Building, restrooms or all or any portion of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, Building or Project furnished to or otherwise procured by Tenant. If any such access card or key is lost, Tenant shall pay to Landlord, at Landlord’s election, either the Building and cost of replacing such lost access card or key or the Project and repair, patch, repair and repaint to match any damage any damage caused cost of reprogramming the access security system in which such access card was used or changing the lock or locks opened by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at lost key. Any Tenant’s expense to remove any or all Property, Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and and/or disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All obligations of Tenant Improvements hereunder not fully performed as of the termination of the Term, including the obligations of Tenant under Section 30 hereof, shall survive the expiration or earlier termination of the Term, including, without limitation, indemnity obligations, payment obligations with respect to Rent and Alterations except those which Landlord requires Tenant to remove shall remain in obligations concerning the Premises as condition and repair of the property of LandlordPremises.

Appears in 1 contract

Sources: Lease Agreement (AVROBIO, Inc.)

Surrender. Subject to Landlord's right to require removal or to elect ownership as hereinafter provided, all Alterations made by Tenant agrees to the Premises shall be the property of Tenant, but shall be considered to be a part of the Premises. Unless Landlord gives Tenant written notice of its election not to become the owner of the Alterations at the end of the term of this Lease, such Alterations shall become the property of Landlord at the end of the term of this Lease. Unless otherwise agreed by Landlord pursuant to Section 13.1 at the time the approval of an Alteration is requested by Tenant, Landlord may require that on some or all Alterations be removed prior to the end of the term of this Lease and that any damages caused by such removal be repaired at Tenant's sole expense. On the last day of the Termterm hereof, or on the any sooner termination of this Leasetermination, Tenant shall surrender the premises Premises (including, but not limited to, all doors, windows, floors and floor coverings, skylights, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures, electrical systems, lighting facilities, sprinkler systems, fire detection systems and nonstructural elements of the exterior walls and foundation (collectively the "Elements of the Premises")) to Landlord (a) in the same condition it was in on the Original Premises Commencement Date and the Expansion Premises Commencement Date, as applicable, ordinary wear and tear, casualty damage and damages caused by acts of God excepted, clean and free of debris and Tenant's personal property, trade fixtures and equipment. Tenant's personal property shall include all computer wiring and cabling installed by Tenant. Provided, however, if Landlord has not elected to have Tenant remove the Alterations, Tenant shall leave the Alterations at the Premises in good condition and repair (damage by acts of Godrepair, fire, and normal ordinary wear and tear excepted). Tenant shall repair any damage to the Premises occasioned by the installation or removal of Tenant's trade fixtures, furnishings and (b) otherwise in accordance with Paragraph 33(b)(iii)equipment. Normal Damage to or deterioration of any Element of the Premises or any other item Tenant is required to repair or maintain at the Premises shall not be deemed ordinary wear and tear shall not include any damage or deterioration that would if the same could have been prevented by proper good maintenance by Tenant or Tenant otherwise performing all of its obligations under this Leasepractices. On or before If the Premises are not surrendered at the expiration of the term or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a earlier termination of this Lease prior in accordance with the provisions of this section, at Landlord's option, Tenant shall continue to be responsible for the scheduled Expiration Datepayment of Base Rent and all other amounts due under this Lease until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold Landlord harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in which event no advance notice shall be required)each case, require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) actual attorneys' fees and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlordcosts.

Appears in 1 contract

Sources: Standard Lease (Ambarella Inc)

Surrender. Tenant agrees that on Upon the last day expiration of the Term, Term or on the sooner earlier termination of this LeaseTenant’s right of possession, Tenant shall surrender the premises Premises to Landlord (a) in good the same condition as received, subject to any Alterations or Installations permitted by Landlord to remain in the Premises, free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises by any person other than a Landlord Party and repair (damage by acts released of Godall Hazardous Materials Clearances, firebroom clean, and normal ordinary wear and tear and casualty loss and condemnation covered by Sections 18 and 19 excepted), and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove immediately return to Landlord all keys and/or access cards to parking, the Project, restrooms or all or any portion of the Premises furnished to or otherwise procured by Tenant. If any such access card or key is lost, Tenant shall pay to Landlord, at Landlord’s election, either the cost of replacing such lost access card or key or the cost of reprogramming the access security system in which such access card was used or changing the lock or locks opened by such lost key. Any Tenant’s Property (as hereinafter defined) Property, Alterations and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from LandlordL▇▇▇▇▇▇▇’s retention and and/or disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All obligations of Tenant Improvements hereunder not fully performed as of the termination of the Term, including the obligations of Tenant under Section 30 hereof, shall survive the expiration or earlier termination of the Term, including, without limitation, indemnity obligations, payment obligations with respect to Rent and Alterations except those which Landlord requires Tenant to remove shall remain in obligations concerning the Premises as condition and repair of the property of Landlord.Premises. 321 Arsenal (AOTC) / Disc Medicine - Page 26

Appears in 1 contract

Sources: Lease Agreement (Gemini Therapeutics, Inc. /DE)

Surrender. Tenant agrees that on the last day of the Term, or on the sooner termination of this Lease, Tenant shall surrender the premises Premises to Landlord (a) in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted), but with all interior walls painted or cleaned so they appear painted, any carpets cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) otherwise in accordance with Paragraph 33(b)(iii33(h). Normal wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains on any portion of the floors, other than marks arising in the ordinary course), and any damage or deterioration that would have been prevented by proper maintenance by Tenant Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s 's Property (as hereinafter defined) and Tenant’s 's signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s 's expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding Nothing contained in the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations foregoing sentence shall be removeddeemed to obligate Tenant to remove from the Premises any of the improvements located therein on the Initial Premises Commencement Date or the Subsequent Premises Commencement Date, as applicable. Any of Tenant’s 's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s 's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s 's retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the end of the Term or sooner termination of this Lease, and in accordance with the provisions of this Paragraph 12 and Paragraph 33(h) below. Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Paragraph 36 below) until the Premises are so surrendered in accordance with said Paragraphs, and Tenant shall indemnify, defend and hold Landlord harmless from and against any and all loss or liability resulting, from delay by Tenant in so surrendering the Premises including, without limitation, any loss or liability resulting from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses to Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costs.

Appears in 1 contract

Sources: Lease Agreement (Paypal Inc)

Surrender. Tenant agrees that on At the last day expiration of the Term, Term or on the sooner earlier termination of this Lease, without the requirement of any notice, Tenant shall peaceably surrender the premises to Landlord (a) in good condition Premises including all alterations and repair (damage by acts of Godadditions thereto and all replacements thereof, fireincluding carpeting, any water or electricity meters, and normal wear all fixtures and tear excepted)partitions, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord's approval for such alterations and additions (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear other than cabling, which Tenant shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On always be required to remove on or before the day that is fifteen (15) Business Days after the expiration or sooner earlier termination of this Lease), (i) and Tenant shall remove all of Tenant’s Property (as hereinafter defined) leave the Premises and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except improvements in the event of a termination of this Lease prior to the scheduled Expiration Date, condition in which event no advance notice shall the same are required to be required)maintained under Section 5.1, require subject to reasonable wear and tear. Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenantshall, at the time of termination, remove the goods, effects and trade fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and trade fixtures within ten (10) days after notice by Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein the same shall be deemed abandoned by Tenant and may be stored, removed, and disposed of by Landlord at Tenant’s 's expense, . In the event that Landlord terminates this Lease pursuant to Section 7.1 and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention re-enters and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in possesses the Premises as in accordance with the terms of this Lease then Landlord may, without notice, store Tenant's personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlord.

Appears in 1 contract

Sources: Office Lease (Mac-Gray Corp)

Surrender. Tenant agrees that on the last day Upon termination of the Term, Lease Term or on the sooner earlier termination of this LeaseTenant's right of possession, all Tenant Made Alterations and Non-Structural Alterations and any improvements constructed by Landlord pursuant to the Construction Addendum, if any, attached hereto ("Initial Improvements") shall remain in the Premises as the property of Landlord. Tenant shall surrender have the premises right to Landlord (a) in good condition and remove its Trade Fixtures subject to the repair (damage by acts obligations set forth herein. Alternatively, upon any such termination, but subject to other provisions hereunder specifying a shorter notice period following an Event of GodDefault, fire, and normal wear and tear excepted), and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by 90 days written notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required)Tenant, require Tenant at Tenant’s 's expense to remove any or all Trade Fixtures and/or any or all Tenant-Made Alterations (but not any of and/or Non-Structural Alterations and/or the initial Tenant Initial Improvements) , and to repair any damage caused by such removal. Notwithstanding removal in the foregoingsame condition as received, Landlord shall notify Tenantbroom clean, at the time of Landlord’s consent, which Alterations shall be removedordinary wear and tear and casualty loss and condemnation covered by Paragraphs 15 and 16 excepted. Any of Trade Fixtures, Tenant’s Property -Made Alterations, Non Structural Alterations or Initial Improvements and property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s 's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s 's retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All obligations of Tenant Improvements hereunder not fully performed as of the termination of the Lease Term shall survive the termination of the Lease Term, including without limitation, indemnity obligations, payment obligations with respect to Operating Expenses and Alterations except those which Landlord requires Tenant to remove shall remain in obligations concerning the Premises as condition and repair of the property of LandlordPremises.

Appears in 1 contract

Sources: Lease Agreement (Celerity Group Inc)

Surrender. Tenant agrees that 16.1 Lessee shall on the last day of the TermTerm hereof, or on the sooner upon any earlier termination of this Lease, Tenant shall or upon any re-entry by Lessor upon the Property pursuant to ARTICLE 17 hereof, surrender and deliver up the premises Property (except personal property and moveable equipment owned by Lessee and except as Lessor instructs pursuant to Landlord (aARTICLE 9) and all fixtures, equipment and other personal property now or hereafter at the Property into the possession and use of Lessor in good the same condition as received, reasonable wear and repair (damage by acts of Godtear, firecasualty and condemnation excepted, and normal wear free and tear excepted)clear of any liens created by Lessee or resulting from the acts or omissions of Lessee. Lessee shall at no time during the Term of this Lease remove any fixtures, equipment or other personal property from the Property (except personal property and (bmoveable equipment owned by Lessee and except as Lessor instructs pursuant to ARTICLE 9) otherwise except Lessee may remove from the Property any equipment or other personal property which is obsolete or unfit for use or which is no longer useful in accordance with Paragraph 33(b)(iii)the operation of the Property. Normal wear and tear Nothing in this ARTICLE 16 shall not include in any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all way be deemed to affect any of its Lessee’s obligations under as to the use of the Property set forth in ARTICLE 2 of this Lease. 16.2 If the Property is not surrendered as above set forth, Lessee shall indemnify, defend and hold Lessor harmless from and against loss or liability resulting from the delay by Lessee in so surrendering the Property, including, without limitation, any claim made by any succeeding occupant founded on such delay. On Lessee’s obligation to observe or before perform this covenant shall survive the expiration or sooner other termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from . In addition to the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removalforegoing, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior in addition to the Expiration Date (except in Additional Rent, Lessee shall pay to Lessor a sum equal to 150% of the event Net Rent payable as of a the expiration or termination of this Lease prior to the scheduled Expiration Date, in during each month or portion thereof for which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove Lessee shall remain in possession of the Premises as Property or any part thereof after the property expiration or termination of Landlordthe Term or of Lessee’s rights of possession, whether by lapse of time or otherwise. The provisions of this Paragraph 16.02 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Lessor provided herein, at law or at equity. 16.3 Except for surrender upon the expiration or earlier termination of the Term hereof, no surrender to Lessor of this Lease or of the Property shall be valid or effective unless agreed to and accepted in writing by Lessor.

Appears in 1 contract

Sources: Stock Purchase Agreement (Preferred Voice Inc)

Surrender. Tenant agrees that on Upon the last day of the Term, expiration or on the sooner earlier termination of this LeaseLease or the termination of Tenant's right to occupy the Leased Property, all Improvements shall automatically become the property of Landlord. Tenant shall covenants to thereupon surrender the premises to Landlord (a) Leased Property in good condition and repair (damage by acts of Godif applicable) operating condition, fire, and normal reasonable wear and tear excepted, free and clear of any liens, claims, charges or encumbrances and with no Hazardous Material located therein, thereon or thereunder (other than those liens, claims, charges, encumbrances and Hazardous Materials which are attributable to any act or omission of Landlord), and Tenant shall at its sole cost and expense remove Tenant's records and all consumable items from the Leased Property. If Tenant fails to remove any such records or consumable items, Landlord may deem the same abandoned by Tenant, or Landlord may, but is not obligated to, at Tenant's expense and without notice to Tenant, remove the same from the Leased Property and thereafter, in Landlord's sole discretion, use, consume, destroy, dispose of or sell all or any part thereof without notice to Tenant. Any proceeds from sales of such property by Landlord shall belong solely to Landlord. Upon termination of Tenant's occupancy, Tenant shall promptly execute and deliver to Landlord (bi) otherwise a quitclaim deed or, at Landlord's option, a memorandum, in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before recordable form, evidencing the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, Lease and (ii) bills of sale and other documents and instruments of conveyance, transfer and assignment as Landlord may, by notice may reasonably request to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event evidence Landlord's acquisition of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any ownership of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord.

Appears in 1 contract

Sources: Ground Lease (Grand Casinos Inc)

Surrender. Tenant agrees that on 23.01. On the last day of the Termterm of this Lease, or on the sooner upon any earlier termination of this Lease, or upon any re-entry by Landlord upon the Demised Premises pursuant to Article 25 herein, Tenant shall quit and surrender the premises Demised Premises to Landlord (a) in good condition and repair (damage by acts of Godorder, firecondition, and normal repair, except for ordinary wear and tear excepted), and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear damage by fire or casualty and tear shall not include any such other damage or deterioration that would have been prevented by proper maintenance by Tenant destruction as Landlord is required to repair or Tenant otherwise performing all of its obligations restore under this Lease. On or before the expiration or sooner termination of this Lease, (i) and Tenant shall remove all of Tenant’s 's Property (therefrom except as hereinafter defined) and Tenant’s signage from otherwise expressly provided in this Lease. At the Premisestime of surrender, or earlier termination of this Lease, the Building Demised Premises shall be in the same state as existed as of the completion of Landlord's Work and the Project completion of Tenant's Finish Work. Any Tenant Changes, alterations or improvements, all of which must be done in accordance with Article 12 shall be removed, except as may otherwise have been provided by Landlord at the time it exercised its consent in connection with such Tenant Changes pursuant to Article 12. With respect to Landlord's Work set forth in Exhibit C, after review and repaircompletion of the final construction drawings, patchLandlord reserves the right to notify Tenant of any restoration Tenant shall be responsible for upon the termination of this Lease. If Tenant fails to perform any restoration required of it under this Lease on or before the last day of the term of this Lease or upon any earlier termination, repair and repaint to match any damage any damage caused by Tenant shall be deemed a hold-over Tenant under Article 40 of this Lease until such removal, and (ii) Landlord may, by notice to time as Tenant given not later than ninety has completed such restoration. Ninety (90) days prior to the Expiration Date of this Lease, at the request of Tenant, Landlord shall walk through the Demised Premises with Tenant and create a punchlist of all restoration which shall be required to be completed by Tenant by the Expiration Date. Thereafter, Tenant may request a written estimate from Landlord for the cost of all restoration required pursuant to this Lease. Failure by Landlord and Tenant to walk through the Demised Premises or failure by Landlord to provide an estimate of the cost of the restoration required as set forth above shall not relieve Tenant of any restoration obligations otherwise required pursuant to this Lease. In lieu of restoring the Demised Premises as required pursuant to this Lease, Tenant may, at its option, pay Landlord, prior to the Expiration Date of the Lease, the cost of such restoration as set forth in Landlord's estimate. Landlord and Tenant acknowledge that Landlord, prior to the Expiration Date, will notify Tenant of its restoration obligations and, as a result, notwithstanding the ninety (except in 90) day time period set forth above, it shall be Tenant's obligation to ensure that Tenant has enough time after the event Landlord and Tenant walk through the Demised Premises, if Tenant will be performing such restoration prior to the Expiration Date of a termination the Lease. If Tenant fails remove its Property and/or fails to perform any restoration required of it under this Lease and/or fails to pay Landlord for the cost of any restoration required on or before the last day of the term of this Lease prior to the scheduled Expiration Dateor upon any earlier termination, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed a hold-over Tenant under Article 40 of by Landlord at Tenant’s expense, and this Lease until such time as Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of has completed such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlordrestoration.

Appears in 1 contract

Sources: Lease Agreement (I Many Inc)

Surrender. Tenant agrees that on the last day of the Term, or on the sooner termination of this Lease, Tenant shall surrender the premises Premises to Landlord (a) in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted), but with all interior walls of the Building painted or cleaned so they appear painted, any carpets within the Building cleaned, and with all floors of the Building cleaned and waxed, together with all alterations, additions and improvements which may have been made in or on the Premises; except that Tenant at its expense shall remove (i) trade fixtures put in at the expense of Tenant, and (ii) except as otherwise provided in Paragraph 11(c), any alterations, additions, or improvements as to which Landlord has, prior to the date of surrender, consented to or requested to be removed; and (b) otherwise in accordance with Paragraph 33(b)(iii32(f). Normal wear Tenant shall repair all damage caused by such removal and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Leaserestore the Premises in accordance with the preceding sentence at Tenant's sole cost and expense. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage 's personal property from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to . All property of Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed removed, unless such non-removal is consented to by Tenant as required herein Landlord, shall be deemed abandoned and may be storedby Tenant, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of provided that in such property; provided, however, that event Tenant shall remain liable to -------- ---- Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in If the Premises as are not surrendered at the property end of Landlordthe Term or sooner termination of this Lease, and in accordance with the provisions of this Paragraph 10 and of Paragraph 32(f), Tenant hereby indemnifies Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant founded on such delay.

Appears in 1 contract

Sources: Sublease Agreement (Scios Inc)

Surrender. Tenant agrees that on Upon the last day of the Term, expiration or on the sooner earlier termination of this Lease, Tenant shall surrender the premises Premises to Landlord (a) broom clean and in good their condition and repair (damage by acts as of Godthe date on which the Tenant Improvements are completed, fire, and except for normal wear and tear exceptedtear, Hazardous Materials (other than those Handled by Tenant), damage from casualty or condemnation and (b) otherwise in accordance alterations made by Lessee with Paragraph 33(b)(iii)Lessor’s prior written consent which Lessee is not required to remove as a condition to Lessor’s approval of such alterations or improvements and damage due to Landlord’s failure to perform its maintenance and repair obligations. Normal wear and tear tear” shall not include any damage or deterioration that would have been prevented by proper good maintenance practice or by Tenant or Tenant otherwise Lessee performing all of its obligations under this LeaseLease or any holes on the walls that have not been patched, sanded and painted, as needed, to match the original texture of the walls. On In addition, prior to the expiration or earlier termination of this Lease Tenant shall: (a) remove from the Property all Tenant’s personal property and Trade Fixtures; (b) remove all Alterations that Landlord has elected to require Tenant to remove pursuant to Paragraph 6 herein; and (c) Tenant shall repair any damage and perform any restoration work caused by removal of any of the foregoing items. In no event shall Tenant be required to remove the Tenant Improvements. If such removal is not completed before the expiration or sooner termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain and store all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord. Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease, (i) Tenant shall remove surrender all keys to the Premises and any part thereof and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant’s Property (as hereinafter defined) obligations under this Paragraph shall survive the expiration or earlier termination of this Lease. Normal wear and Tenant’s signage from tear, for purposes of this provision, shall be construed to mean wear and tear caused to the Premises, Premises by the Building and the Project and repair, patchnatural aging process that occurs in spite of prudent application of good standards for maintenance, repair and repaint janitorial practices. It is not intended, nor shall it be construed to match any damage any damage caused by such removal, and (ii) Landlord may, by notice include items of neglected or deferred maintenance which would have or should have been attended to Tenant given not later than ninety (90) days prior to during the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any Term of the initial Tenant Improvements) Lease if good standards had been applied to properly maintain and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in keep the Premises as the property of Landlordat all times in good condition and repair.

Appears in 1 contract

Sources: Lease Agreement (eHealth, Inc.)

Surrender. Tenant agrees Subtenant shall, on or before the Expiration Date, remove all personal property, furniture, trade fixtures and other equipment, provided that the removal of the same does not adversely affect the Building structure or any Building operating system or is not prohibited by the Sub-Lease, and that Subtenant promptly repairs any damage to the Building structure or its operating systems caused by such removal pursuant to the requirements of the Sub-Lease. In the event that Subtenant fails to remove any such items as required by this Section 4.2 by the Expiration Date, all such items remaining on the last day Subdemised Premises after the Expiration Date shall be deemed abandoned and Sublandlord may dispose of such items as it sees fit, without liability to Subtenant. Subtenant shall also be responsible for the removal, on or before the Expiration Date, of all alterations as required under the Sub-Lease installed by Subtenant pursuant to this Sub-Sub-Lease and shall be responsible for any associated repair or restoration of the TermSubdemised Premises required under the Sub-Lease. In all other respects, or on Subtenant shall deliver the sooner termination Subdemised Premises broom clean, in its condition as of this Leasethe Commencement Date, Tenant shall surrender the premises to Landlord (a) in good condition and repair (damage by acts of God, fire, and normal reasonable wear and tear and casualty excepted. In no event shall Subtenant remove any of the plumbing, electrical, data lines, and HVAC system(s), except as otherwise required pursuant to this Section 4.2. Subtenant shall vacate and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear deliver possession of the Subdemised Premises free of all liens, charges or encumbrances resulting from any act or omission on Subtenant’s part, and tear shall not include free and clear of any damage and all violations of any law, rule or deterioration that would have been prevented regulation of any federal, state, municipal or other agency or authority by proper maintenance by Tenant reason of Subtenant’s actions or Tenant otherwise performing all failures to fulfill any of its obligations under this LeaseSub-Sub-Lease (“Violations”). On Subtenant shall indemnify Sublandlord against any and all loss, expense, damage, costs or before attorneys’ fees arising out of Violations occurring any time on or after the expiration Commencement Date. The voluntary or sooner termination other surrender of this LeaseSub-Sub-Lease by Subtenant, (i) Tenant or a mutual cancellation thereof, shall remove not automatically terminate any sub-Sub-Sub-Leases or sub-subtenancies or other agreements by which Subtenant has granted rights to third parties to all or any part of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Subdemised Premises, but shall, at the Building and the Project and repairoption of Sublandlord, patcheither (1) terminate all or any existing Sub-Sub-Sub-Leases or sub-subtenancies or such other agreements, repair and repaint or (2) operate as an assignment to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event Sublandlord of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of Sub-Sub-Sub-Leases or sub-subtenancies or such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlordother agreements.

Appears in 1 contract

Sources: Sub Sub Lease Agreement (Surebeam Corp)

Surrender. Tenant agrees that on SECTION 18.01. On the last day of the Term, Term or on the sooner upon any earlier termination of this Lease, or upon any re-entry by Landlord upon the Premises, Tenant shall shall, at its own expense, quit and surrender the premises Premises to Landlord (a) broom clean, in good order, condition and repair (except for ordinary wear, tear and damage by acts of Godfire or other insured casualty, fire, and normal wear and tear excepted), and (b) otherwise in accordance together with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would all improvements which have been prevented by proper maintenance by Tenant or Tenant made upon the Premises (except as otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of provided for in this Lease, (i) including, but not limited to Article 9 above). Tenant shall remove from the Premises and the Building all of Tenant’s 's Property (as hereinafter defined) and all personal property and personal effects of all persons claiming through or under Tenant’s signage from , and shall pay the Premises, cost of repairing all damage to the Premises and the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused occasioned by such removal. Notwithstanding anything to the contrary contained herein, and (ii) Landlord mayin connection with Landlord's Construction, Landlord, by notice to Tenant given not no later than ninety twenty (9020) days prior to the Expiration Date (except or prior termination of this Lease, may require Tenant to leave any part or all of such Landlord's Construction in the event Premises. SECTION 18.02. To the extent allowed by law, Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under any applicable law in connection with any holdover summary proceedings which Landlord may institute to enforce the provisions of this Article. SECTION 18.03. If the Premises are not surrendered at the expiration of the Term, such holding over without the written consent of the Landlord shall be construed to be a tenancy from month to month at one-twelfth (1/12th) of an amount equal to twice the Fixed Rent required to be paid by Tenant for the last full lease year of the Lease Term, together with an amount estimated by Landlord as equal to one-twelfth (1/12th) of the Additional Rent payable pursuant to this Lease, and shall otherwise be on the same terms and conditions as herein specified so far as applicable. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, but not limited to, attorneys fees and any claims made by any succeeding tenant founded on such delay. Nothing contained in this Section 18.03 shall (a) imply or be deemed to grant Tenant any right to remain in the Premises after the termination of this Lease prior without the execution of a new lease, (b) imply any obligation on the part of Landlord to grant a new lease or (c) be construed to limit in any way any remedy that Landlord may have against Tenant as a holdover tenant, including but not limited to, resort to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any summary process laws or all Alterations (but not any enforcement of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any foregoing indemnity obligation of Tenant’s Property not so removed by Tenant as required herein . SECTION 18.04. Tenant's obligations under this Article shall be deemed abandoned and may be stored, removed, and disposed survive the Expiration Date or sooner termination of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlordthis Lease.

Appears in 1 contract

Sources: Lease (Renaissance Cosmetics Inc /De/)

Surrender. Tenant agrees that on Upon the last day of the Term, expiration or on the sooner termination of this Lease, Tenant --------- shall surrender the premises Premises and all Tenant Improvements and Alterations to Landlord (a) broom-clean and in good condition and repair (damage by acts of Godcondition, fire, and normal except for reasonable wear and tear excepted)tear, damage from casualty or condemnation and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration changes resulting from approved Alterations; provided, however, that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On on or before the expiration or sooner termination of this Lease, (i) Lease Tenant shall remove all of Tenant’s Property (as hereinafter defined) telephone and Tenant’s signage other cabling installed in the Building by Tenant and remove from the Premises, the Building Premises all Tenant's personal property and the Project any Trade Fixtures and repair, patch, repair and repaint all Alterations that Landlord has elected to match any damage any damage caused by such removalrequire Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that upon expiration or termination of this Lease Tenant shall remain liable not be obligated to remove any Hazardous Material from the Property unless Handled by Tenant at the Property. If such removal is not completed on or before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs incurred in storing of removal and disposing storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such abandoned property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant. All 's possession, whichever is earliest, Tenant Improvements and Alterations except those which Landlord requires Tenant shall surrender all keys to remove shall remain in the Premises as or any other part of the property Building and shall deliver to Landlord all keys for or make known to Landlord the combination of Landlord.locks on all safes, cabinets and vaults that may be located

Appears in 1 contract

Sources: Lease Agreement (Clarent Corp/Ca)

Surrender. Tenant agrees that on the last day No act by Landlord shall be an acceptance of a surrender of the TermPremises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. On or on prior to the sooner expiration or termination of this Leasethe Lease Term or earlier termination of Tenant's right of possession, Tenant shall surrender the premises Premises to Landlord in good condition, broom clean, reasonable wear and tear and casualty loss and condemnation covered by Paragraphs 15 and 16, any damage caused by Landlord or any Landlord Parties excepted. Tenant shall remove (a) in good condition all Tenant-Made Alterations and repair Permitted Alterations for which Landlord has advised (damage by acts of Godor is deemed to have advised) Tenant that removal would be required pursuant to Paragraph 12(d) above, fire(b) all Tenant Improvements and Tenant Changes for which Landlord has advised (or is deemed to have advised) Tenant that removal would be required pursuant to Exhibit B attached hereto (excluding the Improvements Not Subject to Restoration, and normal wear and tear exceptedwhich Tenant shall not be required to remove), and (bc) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) 's personal property and Tenant’s signage from Trade Fixtures and security system(s). Landlord and Tenant agree to have a joint inspection of the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice Premises prior to Tenant given not later than ninety (90) days prior to the Expiration Date (except in vacating. In the event of a termination Tenant's failure to participate in such joint inspection after Tenant's receipt of this Lease prior notice from Landlord thereof, and Tenant's subsequent failure to the scheduled Expiration Dateparticipate in such joint inspection within ten (10) business days after such notice, in which event no advance notice Landlord's inspection shall be required)deemed conclusive for purposes of determining Tenant's responsibility for repairs and restoration. No such performance by Landlord shall create any liability on the part of Landlord whatsoever. Any Trade Fixtures, require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial -Made Alterations, Tenant Improvements) , Tenant Changes, Permitted Alterations and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property all other personal property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s 's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s 's retention and and/or disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All obligations of Tenant Improvements hereunder not fully performed as of the expiration or termination of the Lease Term shall survive the expiration or termination of the Lease Term, including without limitation, indemnity obligations, payment obligations with respect to Operating Expenses and Alterations except those which all obligations concerning the condition and repair of the Premises. If Tenant fails to perform any obligation contained herein prior to the expiration or earlier termination of this Lease, without limiting any of the other rights and remedies Landlord requires Tenant to remove may under this Lease, at law and/or in equity, Landlord shall remain have the rights set forth in the Premises as the property of LandlordParagraph 24(f) below.

Appears in 1 contract

Sources: Lease Agreement (Allogene Therapeutics, Inc.)

Surrender. (A) On the date on which this Lease expires or terminates, Tenant agrees that on the last day shall return possession of the TermPremises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or on other conditions that Tenant is not required to remedy under this Lease. Prior to the sooner expiration or termination of this Lease, Tenant shall surrender remove from the premises to Landlord (a) in good condition Property all furniture, trade fixtures, equipment and repair (damage by acts of God, fire, and normal wear and tear excepted), and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance all other personal property installed by Tenant or its assignees or subtenants, and unless Landlord directs otherwise, all wiring and cabling installed in the Premises by Tenant. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant's personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant's expense, may remove, store, sell or otherwise performing all dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its obligations property, but such proceeds shall offset the costs in removing and selling such property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease. On or before , Tenant shall pay Landlord the costs incurred by Landlord to restore the condition of the Premises. (B) If Tenant remains in possession of the Premises after the expiration or sooner termination of this Lease, Tenant's occupancy of the Premises shall be that of a tenancy at will. Tenant's occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (i) unless clearly inapplicable), except that the Monthly Rent shall be 150% of the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall remove operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise except as otherwise agreed by the parties in writing. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant except as otherwise agreed by Landlord and Tenant in writing shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint remedies available to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expensedefault, and Tenant waives shall be liable for all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provideddamages, howeverincluding consequential damages, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing suffers as a result of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlordholdover.

Appears in 1 contract

Sources: Lease Agreement (Neoware Systems Inc)

Surrender. Section 18.01. Tenant agrees that shall on the last day of the Termterm hereby granted, or on upon the sooner termination of this Leasethe said term, surrender to Landlord the demised premises, and all buildings, alterations, replacements and changes, with all equipment in, or appurtenances thereto, except Tenant shall surrender remove all movable trade fixtures installed by Tenant and other personal property situated on the demised premises to that is not owned by Landlord (a) and any damage caused by such removal shall be borne by Tenant. The demised premises shall be left broom clean with no rubbish, and in good order, condition and state of repair (damage by acts of Godno worse than on the date hereof, fire, and normal reasonable wear and tear excepted); provided further, that Tenant may leave intact any changes and (b) otherwise in accordance with Paragraph 33(b)(iii)alterations made pursuant to Article VII. Normal wear and tear Tenant shall hold Landlord harmless from all damages resulting from Tenant's failure to surrender the demised premises as required by this Section, including, without limitation, claims made by a succeeding lessee or loss of rent by Landlord resulting from Tenant's failure to surrender the demised premises. Section 18.02. Any trade fixtures or personal property belonging to Tenant if not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On removed at or before the such expiration or sooner termination of this Leaselease and if Landlord so elects, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and become the property of Landlord without any payment or offset therefor. If Landlord shall not so elect, Landlord may be stored, removed, remove such fixtures or property from the demised premises and disposed of by Landlord store them at Tenant’s 's risk and expense, or dispose of them in any manner without liability or accounting to Tenant, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s 's retention and or disposition of such fixtures or property; provided. Tenant shall repair and restore, howeverand save Landlord harmless from, all damage to the demised premises caused by such removal, whether by Tenant or by Landlord (except for Landlord's willful or grossly negligent acts or those of its employees, agents or contractors). Section 18.03. If Tenant remains in possession of the demised premises beyond the expiration or sooner termination of this lease, with the express or implied consent of Landlord, such holding over shall be construed to be a tenancy from month-to-month only, and such month-to-month tenancy shall be subject to the other agreements, covenants, conditions, and obligations herein contained, including that Tenant shall remain liable pay as monthly rent the sum of (i) the amount it paid or was required to pay as monthly installments of fixed rent during the month which immediately preceded the end of the lease term, plus (ii) an amount equal to multiplying the amount set forth in clause (i) by twenty-five (25%) percent; and all additional rent, Charges and all other sums which Tenant is required to pay under this lease shall continue to be a liability of and timely paid by Tenant. Section 18.04. Nothing in this Article shall be construed as constituting permission by Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in retain possession of the Premises as demised premises or any part thereof after the property expiration or sooner termination of Landlordthis lease.

Appears in 1 contract

Sources: Lease Agreement (Petroleum Heat & Power Co Inc)

Surrender. At the time Tenant agrees that on requests Landlord’s consent to any Tenant Alterations (including, without limitation, any "Tenant's Work") at the last day New Premises, Landlord shall notify Tenant if Landlord will require removal of any such item or items included as part of said Tenant Alterations at the end of the TermTerm (or of tenant’s right to possession of the subject Premises under the Lease) (which removal requirement shall only be imposed by Landlord if Landlord, in its good faith judgment, determines that such item or on the sooner termination of this Leaseitems would be excessively costly or hazardous to remove or that such item or items are not customary for office tenant usage at comparable Class A office buildings in downtown Chicago, Tenant shall surrender the premises to Landlord (a) in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted), and (b) otherwise in accordance with Paragraph 33(b)(iiiIllinois). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all Landlord's failure to advise Tenant, as part of its obligations under this Lease. On or before the consent process, that a given Tenant Alteration is required to be removed upon expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a earlier termination of this Lease prior or Tenant's right to possession hereunder, shall be construed to mean that Tenant need not so remove same and such determination shall be binding on Landlord at expiration or termination of the Lease (or of Tenant’s right to possession of the subject Premises under the Lease). Notwithstanding anything herein to the scheduled Expiration Datecontrary, in which event no advance notice Tenant shall not be required), require Tenant obligated at Tenant’s expense any time to remove any or all Alterations (but not any of tenant improvements located within the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time New Premises as of Landlord’s consent, which Alterations shall be removed. Any delivery of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition possession of such property; providedNew Premises to Tenant on the New Premises Turnover Date. Further, however, that in no event shall Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant be required at any time to remove shall remain in any electrical, cabling or voice/data wiring installed at the Premises as the property of LandlordNew Premises.

Appears in 1 contract

Sources: Lease (FSP 303 East Wacker Drive Corp.)

Surrender. Tenant agrees that on At the last day expiration of the Termtenancy created hereunder, whether by lapse of time or on the sooner termination of this Leaseotherwise, Tenant ▇▇▇▇▇▇ shall surrender the premises to Landlord (a) Premises in good condition and repair (damage by acts of God, firerepair, and normal wear and tear excepted), and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premisesits personal property, the Building and the Project and repairfurniture, patch, repair and repaint to match any damage any damage caused by such removalfixtures, and (ii) Landlord mayequipment, and all cabling and wiring installed by notice to Tenant given not later than ninety (90) days prior to or for Tenant. In addition, upon the Expiration Date (except in the event of a expiration or earlier termination of the tenancy created hereunder, Tenant shall completely sanitize the Premises per Washington State Department of Health guidelines for COVID-19. Sanitization of the Premises shall extend to any and all parts thereof, including ventilation systems, and clean-up and/or removal of any hazardous and/or biohazardous substance. Notwithstanding the provisions of Article 42 below, for purposes of this Lease prior Section, “hazardous and/or biohazardous substance” includes any substance or material which because of their quantity, concentration, or physical, chemical, or infectious characteristics may cause or pose a present or potential hazard to human health when improperly handled, treated, stored, transported, disposed of, or otherwise managed. Landlord shall have the scheduled Expiration Date, in which event no advance notice shall be required), right to elect to require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property Work and/or any of Tenant’s Changes or other alterations, by written notice given to Tenant not so removed later than thirty (30) days before the scheduled Expiration Date hereof. Tenant shall comply with the requirements of Exhibit “C” attached hereto at its sole expense, including without limitation the repair of any damage occasioned by the installation, maintenance or removal of Tenant’s personal property, furniture, fixtures, equipment, cabling and wiring, as well as any Tenant’s Work, Tenant’s alterations or Tenant’s Changes that Tenant as is hereby required herein shall be deemed abandoned and may be stored, removedto remove, and disposed the removal of any generators or storage tanks installed by Landlord at or for Tenant (whether or not the installation was consented to by Landlord), and the removal, replacement, or remediation of any aspect of the Property, including but not limited to the Building, soil, material or ground water contaminated by Tenant’s expensePermittees, and Tenant waives all claims against Landlord for any damages resulting from as may then be required by applicable Laws. At Landlord’s retention and disposition election, ▇▇▇▇▇▇▇▇ shall have the right to perform any or all of such property; providedTenant’s obligations under this paragraph, however, that in which event Tenant shall remain liable to Landlord for all reimburse Landlord’s costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord.connection therewith within ten (10) days after demand by Landlord.‌

Appears in 1 contract

Sources: Lease Agreement

Surrender. Tenant agrees that on the last day of the TermExcept as provided in Section 7.3 and in this Section 10.5, upon expiration or on the sooner earlier termination of this Lease, Tenant shall surrender the premises Premises to Landlord (a) in good the same condition and repair (damage by acts as when received at the inception of Godthis Lease, fire, and normal subject to ordinary wear and tear excepted), tear. All Alterations shall become a part of the Premises and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all become the property of its obligations under this Lease. On or before Landlord upon the expiration or sooner earlier termination of this Lease, (i) unless Landlord shall, by written notice given to Tenant, require Tenant shall to remove some or all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration DateAlterations, in which event no advance notice Tenant shall promptly remove prior to the date of such expiration or termination the Alterations designated by Landlord to be required)so removed and shall promptly restore, require Tenant patch and repair any resulting damage, all at Tenant’s expense sole expense. Failure by Tenant to remove strictly comply with the provisions of this Section 10.5 shall constitute a failure of Tenant to validly surrender the Premises. In the event of any failure of Tenant to perform its obligations under this Section 10.5, in addition to (and without prejudice to) any and all other remedies of Landlord, Landlord may use, apply or retain all Alterations (but not or any part of the initial Security Deposit with respect to such failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant Improvements) or installed by Tenant at its expense in the Premises shall be and to remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Project caused by such removal. Notwithstanding If Tenant fails to remove any such items or repair such damage promptly after the foregoingexpiration or earlier termination of this Lease, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed to have abandoned and the same, in which case Landlord may be stored, removed, and disposed of by Landlord store the same at Tenant’s expense, expense (and Tenant waives all claims against shall pay Landlord the cost thereof upon demand), or appropriate the same for any damages resulting from Landlord’s retention and disposition of such property; provideditself, howeverand/or sell the same in its discretion, that Tenant shall remain liable with no liability to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord.

Appears in 1 contract

Sources: Loan Agreement (MPG Office Trust, Inc.)

Surrender. Tenant agrees that on Upon the last day expiration of this Sublease, or upon the termination of the TermSublease or of the Subtenant's right to possession of the Premises, or on Subtenant will at once surrender and deliver up the sooner termination of this LeasePremises, Tenant shall surrender the premises together with all improvements thereon, to Landlord (a) Sublandlord in good condition and repair (damage by acts of Godrepair, fire, and normal reasonable wear and tear excepted); conditions existing because of Subtenant's failure to perform maintenance, repairs or replacements as required of Subtenant under this Sublease shall not be deemed "reasonable wear and tear". Said improvements shall include all plumbing, lighting, electrical, heating, cooling and ventilating fixtures and equipment and other articles of personal property used in the operation of the Premises (b) otherwise in accordance with Paragraph 33(b)(iiias distinguished from operations incident to the business of Subtenant). Normal wear Subtenant shall surrender to Sublandlord all keys, security codes and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing the like to the Premises and make known to Sublandlord the combinations for all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from combination locks which Subtenant is permitted to leave on the Premises. All Alterations in or upon the Premises made by Subtenant shall become a part of and shall remain upon the Premises upon such termination without compensation, the Building and the Project and repair, patch, repair and repaint allowance or credit to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such propertySubtenant; provided, however, that Tenant (i) Sublandlord shall remain liable have the right to Landlord for all costs incurred in storing require Subtenant to remove any Alterations made by Subtenant, or portion thereof, if the same is required to be removed pursuant to the Prime Lease, and disposing (ii) Subtenant may remove fixtures and improvements that it desires to remove unless such removal is not permitted under the Prime Lease. In any such event, Subtenant shall restore the Premises to their condition prior to the making of such abandoned property Alteration, repairing any damage occasioned by such removal or restoration, but in no event shall Subtenant be required to restore the Premises to a better condition than their condition as of Tenantthe Commencement Date. All Tenant Improvements and Alterations except those which If Prime Landlord requires Tenant removal of any Alteration made by Subtenant, or a portion thereof, and Subtenant does not make such removal in accordance with this Section, Sublandlord may remove the same (and repair any damage occasion thereby), and dispose thereof, or at its election, deliver the same to remove any other place of business of Subtenant, or warehouse the same. Subtenant shall remain in pay the Premises as costs of such removal, repair, delivery and warehousing on demand, together with interest thereon from the property date any such cost is incurred by Sublandlord at the interest rate equal to the lesser of Landlord(i) eight percent (8%) per annum or (ii) the maximum interest rate permitted by law (the "Default Interest Rate"), which costs and interest shall be Additional Rent under this Sublease.

Appears in 1 contract

Sources: Sublease (Epocrates Inc)

Surrender. Tenant agrees that on the last day of the Term, or on the sooner termination of this Lease, Tenant shall surrender the premises Premises to Landlord (a) in good condition and repair (damage by acts of God, fire, casualty and normal wear and tear excepted), but with all interior walls cleaned, any carpets cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) otherwise in accordance with Paragraph 33(b)(iii33(h). Normal wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises, and any damage or deterioration that would have been prevented by proper reasonable maintenance by Tenant Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, (i) all of Tenant's Property (as hereinafter defined) and Tenant's signage, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Non-Permanent Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removedas hereinafter defined). Any of Tenant’s 's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s 's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s 's retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove constitute Non-Permanent Alterations shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the end of the Term or sooner termination of this Lease, and in accordance with the provisions of this Paragraph 12 and Paragraph 33(h) below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Paragraph 36 below) until the Premises are so surrendered in accordance with said Paragraphs, and Tenant shall indemnify, defend and hold Landlord harmless from and against any and all loss or liability resulting from delay by Tenant in so surrendering the Premises including, without limitation, any loss or liability resulting from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses to Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costs. Tenant shall not make, or permit to be made, any alteration, addition or improvement (hereinafter referred to individually as an "Alteration" and collectively as the "Alterations") to the Premises or any part thereof without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed; provided, however, that Landlord shall have the right in its sole and absolute discretion to consent or to withhold its consent to any Alteration which affects the structural portions of the Premises, the Building or the Project or adversely affects the Systems serving the Premises, the Building or the Project or any portion thereof (collectively, "Structural Alterations"). Notwithstanding the foregoing, Tenant shall have the right to make Alterations (specifically excluding, however, Structural Alterations) to the Premises with prior notice to but without the consent of Landlord, provided that such Alterations are constructed and performed in full compliance with the terms of Paragraphs 13(b) through 13(g) below and do not exceed Fifteen Thousand Dollars ($15,000.00) in cost on an individual basis or for a series of related Alterations or One Hundred Thousand Dollars ($100,000.00) in the aggregate during any twelve (12) month period during the Term of this Lease. Any Alteration to the Premises shall be at Tenant's sole cost and expense, in compliance with all applicable Laws and all requirements requested by Landlord, including, without limitation, the requirements of any insurer providing coverage for the Premises or the Project or any part thereof, and in accordance with plans and specifications approved in writing by Landlord, and shall be constructed and installed by a contractor approved in writing by Landlord. As a further condition to giving consent, for any individual Alteration or series of related Alterations estimated to cost in excess of one hundred thousand dollars ($100,000), Landlord may require Tenant to provide Landlord, at Tenant's sole cost and expense, a payment and performance bond in form acceptable to Landlord, in a principal amount not less than one hundred twenty-five percent (125%) of the estimated costs of such Alterations, to ensure Landlord against any liability for mechanics' and materialmen's liens and to ensure completion of work. Before Alterations may begin, valid building permits or other permits or licenses required (including, to the extent required by Laws, waste water or storm water discharge permits) must be furnished to Landlord, and, once the Alterations begin, Tenant will diligently and continuously pursue their completion. Landlord may monitor construction of the Alterations and Tenant shall reimburse Landlord for its reasonable costs (including, without limitation, the costs of any construction manager retained by Landlord (the "Construction Management Fee")) in reviewing plans and documents and in monitoring construction, which reasonable costs shall not exceed four percent (4%) of the costs of the Alterations. Tenant shall maintain during the course of construction, at its sole cost and expense, builders' risk insurance for the amount of the completed value of the Alterations on an all-risk non-reporting form covering all improvements under construction, including building materials, and other customary insurance coverages in amounts and against such risks as Landlord shall reasonably require in connection with the Alterations. In addition to and without limitation on the generality of the foregoing, Tenant shall ensure that its contractor(s) (or Tenant on behalf of or in lieu of its contractors) procure and maintain in full force and effect during the course of construction a "broad form" commercial general liability and property damage policy of insurance naming Landlord, UBS, Tenant and Landlord's lenders as additional insureds. The minimum limit of coverage of the aforesaid policy shall be in the amount of not less than Three Million Dollars ($3,000,000.00) for injury or death of one person in any one accident or occurrence and in the amount of not less than Three Million Dollars ($3,000,000.00) for injury or death of more than one person in any one accident or occurrence, and shall contain a severability of interest clause or a cross liability endorsement. Such insurance shall further insure Landlord and Tenant against liability for property damage of at least One Million Dollars ($1,000,000.00). All Alterations, including, but not limited to, heating, lighting, electrical, air conditioning, fixed partitioning, drapery, wall covering and paneling, built-in cabinet work and carpeting installations made by Tenant (but specifically excluding Non-Permanent Alterations), together with all property that has become an integral part of the Premises or the Building, shall at once be and become the property of Landlord, and shall not be deemed trade fixtures or Tenant's Property. If requested by Landlord, Tenant will pay, prior to the commencement of construction, an amount reasonably determined by Landlord necessary to cover the costs of demolishing such Alterations and/or the cost of returning the Premises and the Building to its condition prior to such Alterations. Any computer or telecommunications equipment or lines installed by Tenant must be installed within the Premises and, at the request of Landlord made at any time prior to the expiration of the Term, removed upon the expiration or sooner termination of this Lease and the Premises restored to the same condition as before such installation. Notwithstanding the foregoing, Tenant shall not be required to remove any computer or telecommunications lines or wiring installed as part of the Initial Alterations. Notwithstanding anything herein to the contrary, before installing any equipment or lights which generate an undue amount of heat in the Premises, or if Tenant plans to use any high-power usage equipment in the Premises, Tenant shall obtain the written permission of Landlord. Landlord may refuse to grant such permission unless Tenant agrees to pay the costs associated with the installation of supplementary air conditioning capacity or electrical systems necessitated by such equipment. Tenant agrees not to proceed to make any Alterations, notwithstanding consent from Landlord to do so, until Tenant notifies Landlord in writing of the date Tenant desires to commence construction or installation of such Alterations and Landlord has approved such date in writing, in order that Landlord may post appropriate notices to avoid any liability to contractors or material suppliers for payment for Tenant's improvements. Tenant will at all times permit such notices to be posted and to remain posted until the completion of work. Landlord understands that Tenant desires to make certain improvements to the Premises prior to the Commencement Date (collectively, the "Initial Alterations"), all as generally described and shown on the conceptual plans attached hereto as Exhibit I (the "Conceptual Plans"). Landlord hereby approves the Conceptual Plans.. The Initial Alterations may include, without limitation, the modification of the underground plumbing to make trenches to connect the existing drains, the creation of openings in the roof of the Building to vent exhaust, and the addition to the Premises of approximately ten thousand (10,000) square feet of office space, a manufacturing/assembly area, an engineering area with lab space, and a shipping/receiving area. Tenant intends to use only one or two of the existing truck/dock doors in the Premises and Tenant shall have the right to replace the remaining truck/dock doors with glass to increase the amount of natural light into the Premises. Tenant shall be entitled to construct and install the Initial Alterations in the Premises, subject to full compliance with the terms and conditions of Paragraphs 13(a) through 13(f) above, including, without limitation, the delivery to and approval by Landlord of detailed plans and specifications for the Initial Alterations in accordance with Paragraph 13(b) above. Landlord shall have a reasonable period of time to review such plans and specifications, taking into account the complexity of the proposed Initial Alterations and the need of Landlord to retain outside consultants to review the same; provided, however, that in no event shall such review period extend beyond thirty (30) days. Notwithstanding anything to the contrary contained in Paragraph 13(b) above, the Construction Management Fee charged for the Initial Alterations shall not exceed the amounts calculated in accordance with the following schedule: Aggregate Cost of Designing and Constructing Initial Alterations ("Initial Alterations Cost") Construction Management Fee $0.00 - $10,000.00 0% $10,001.00 - $100,000.00 4% of Initial Alterations Cost between $10,001.00 and $100,000.00 $100,001.00 and above 2% of Initial Alterations Cost above $100,000.00 By way of example, if the Initial Alterations Cost is Five Hundred Thousand Dollars ($500,000.00), the Construction Management Fee shall be Eleven Thousand Six Hundred Dollars ($11,600.00) (viz. the sum of (1) 4% of the Initial Alterations Cost between $10,001.00 and $100,000.00, plus (2) 2% of the Initial Alterations Cost between $100,001.00 and $500,000.00).

Appears in 1 contract

Sources: Lease Agreement (Cepheid)

Surrender. Tenant agrees that on On the last day Expiration Date or sooner termination of the Term or upon reentry by Sublessor upon the Premises, Sublessee shall surrender, vacate and deliver to Sublessor the Premises, including all buildings, other structures and improvements thereon, and any and all additions, alterations and replacements thereto, "broom clean" and in good order, condition and repair except for ordinary wear and damage by fire or other casualty, to the extent Sublessee is not required to restore the same pursuant to Paragraph 15 hereof, and except for damage caused by the grossly negligent or wilful misconduct of Sublessor, its agents or employees, or which result from any condemnation, to the extent Sublessee is not required to restore any condemned improvements under the provisions of this Sublease. If the Premises are not surrendered upon the Expiration Date or sooner termination of the Term, such holding over shall not be deemed to extend the Term or renew this Sublease or to have created or be construed as a tenancy. However, Sublessee shall pay, until such time as Sublessee complies with this Paragraph 25, in monthly installments in advance, on the sooner termination first day of this Leaseeach and every month of such holding over, Tenant shall surrender the premises to Landlord (a) in good condition one and repair one-half (damage by acts 1-1/2) times the monthly installment of God, fire, and normal wear and tear excepted), Basic Rent payable during the last month of the Term; and (b) otherwise all other Percentage Rent and Additional Rent due under this Sublease. In addition to such monthly installments to be paid by Sublessee during such holdover, to the extent Sublessee holds over more than one (1) month, Sublessee hereby indemnifies Sublessor against liability resulting from delay by Sublessee in accordance with Paragraph 33(b)(iii)so surrendering the Premises, including any claims made by any succeeding tenant or prospective tenant founded upon such delay, but only if Sublessor provided written notice to Sublessee, prior to the scheduled expiration date of this Sublease, that it was required to deliver the Premises to a succeeding or prospective tenant by a specified date. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its Sublessee's obligations under this Lease. On or before Paragraph 20 shall survive the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of LandlordTerm.

Appears in 1 contract

Sources: Sublease (KSL Recreation Group Inc)

Surrender. Tenant agrees that on the last day Except (i) as required under Section 23 of the TermOriginal Lease (regarding removal of Lines) and except as required under Section 25.5 of the Original Lease and Section 5.3 above (regarding Units and Package Units), (ii) for Tenant’s obligation to remove Tenant’s Full Floor Signage under Section 9 above and (iii) that notwithstanding Section 5 of Exhibit F to the Original Lease and Section 1.1 of the First Amendment, Tenant must remove, at Tenant’s sole cost, all of the Landlord’s Furniture (as defined in Section 5 of Exhibit F to the Original Lease as modified by Section 1.1 of the First Amendment), upon the expiration or on the sooner earlier termination of this the Lease, as amended hereby, Tenant shall surrender possession of the premises Premises to Landlord (a) in as good condition and repair (damage by acts as exists as of Godthe date of this Fifth Amendment, fire, and normal except for reasonable wear and tear excepted)tear, casualty, condemnation and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration repairs that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenantare Landlord’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removalexpress responsibility hereunder. Notwithstanding the foregoing, Landlord shall notify Tenant, at in the time of Landlord’s consent, which event Alterations shall be removed. Any of Tenant’s Property not so removed have been installed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as of the property date of this Fifth Amendment which were not approved by Landlord, Tenant shall remove such non-approved Alterations upon the expiration or earlier termination of this Lease and repair any damage associated with such removal. From and after the date of this Fifth Amendment, Landlord shall, concurrently with Landlord’s approval of any further tenant improvement or alteration work (including, without limitation, any Tenant Improvement Work to be installed by Tenant in accordance with the Work Letter attached hereto as Exhibit A), inform Tenant in writing of any items that will be required to be removed upon the expiration or earlier termination of the Lease, as amended hereby, and Landlord’s failure to do so inform Tenant concurrently with Landlord’s approval of such alterations shall be deemed to be a waiver of Landlord’s right to cause such Alterations to be removed at the expiration or earlier termination of the Lease, as amended.

Appears in 1 contract

Sources: Office Lease (Nutanix, Inc.)

Surrender. Tenant agrees that on Upon the last day expiration of this Sublease, or upon the termination of the Term, Sublease or on of the sooner termination Tenant's right to possession of this Leasethe Premises, Tenant shall will at once surrender and deliver up the premises Premises, together with all improvements thereon, to Landlord (a) in good condition and repair (repair, reasonable wear and tear, damage by acts of God, fire, casualty and normal taking excepted. Any conditions existing because of Tenant's failure to perform maintenance, repairs or replacements as required of Tenant under this Sublease shall not be deemed "reasonable wear and tear excepted), tear." Tenant shall surrender to Landlord all keys to the Premises and (b) otherwise make known to Landlord the explanation of all combination locks which Tenant is permitted to leave on the Premises. All Alterations in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance upon the Premises made by Tenant shall become a part of and shall remain upon the Premises upon such termination without compensation, allowance or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice credit to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant Landlord shall remain liable have the right to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires require Tenant to remove any Alterations made by Tenant, or portion thereof. Said right shall remain be exercisable by Landlord giving written notice thereof to Tenant on or before thirty (30) days prior to such expiration or on or before twenty (20) days after such termination. Tenant shall also remove any Alterations made by Tenant, or portion thereof, which Prime Landlord may require Landlord to remove, pursuant to the terms of the Prime Lease. In any such event, Tenant shall restore the Premises to their condition prior to the making of such Alteration, repairing any damage occasioned by such removal or restoration. If Landlord or Prime Landlord requires removal of any Alteration made by Tenant, or a portion thereof, and Tenant does not make such removal in accordance with this Section, Landlord may remove the same (and repair any damage occasion thereby), and dispose thereof. Tenant shall pay reasonable costs of such removal, repair, and disposal on demand. If the term of the Sublease expires at or about the date of the expiration of the Prime Lease, and if Landlord is required under or pursuant to the terms of the Prime Lease to remove any Alterations performed prior to the Commencement Date, Tenant shall permit Landlord to enter the Premises for a reasonable period of time prior to the expiration of the Sublease for the purpose of removing its Alterations and restoring the Premises as required. On or before such expiration or termination, Tenant shall remove its furniture, machinery, equipment, and other items of personal property in or about the property of LandlordPremises.

Appears in 1 contract

Sources: Asset Purchase Agreement (Orion Healthcorp Inc)

Surrender. Tenant agrees that on Upon the last day of the Term, expiration or on the sooner termination of this LeaseLease (including, without limitation, any contraction under Section 1.5 or Section 1.8), Tenant shall surrender the premises Premises and all Tenant Improvements and Alterations to Landlord (a) broom-clean and in good condition and repair (damage by acts of Godtheir original condition, fire, and normal except for reasonable wear and tear excepted)tear, damage from casualty or condemnation and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages changes resulting from Landlord’s retention and disposition of such propertyapproved Alterations; provided, however, that prior to the expiration or termination of this Lease, Tenant, at its sole cost and expense, shall remove all of the following and repair any damage caused to the Premises, the Building or the Property caused by such removal: (i) all telephone and other cabling installed in the Building by Tenant; (ii) all of Tenant’s personal property and Trade Fixtures; and (iii) all Alterations that Landlord has elected to require Tenant to remove as provided in Article 6 (Tenant Improvements & Alterations). In addition, if Landlord has allowed Tenant to install any internal stairways in the Premises (and this sentence shall not be construed as Landlord’s approval of such work), then Tenant, at its sole cost and expense, must remove such stairways, repair all damage caused by their removal, and restore the affected area to its former condition. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall remain liable to pay Landlord on demand for all costs incurred in storing of removal and disposing storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such abandoned property if Tenant does not pay all such costs and retrieve the property within ten (10) days after written notice from Landlord (in which event title to all such property described in Landlord’s notice shall be forfeited to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant. All ’s possession, whichever is earliest, Tenant Improvements shall surrender all keys to the Premises (and Alterations except those any other part of the Property for which Tenant has keys) and shall deliver to Landlord requires Tenant all keys for or make known to remove shall remain Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. The delivery of keys to the Premises as to Landlord or any agent or employee of Landlord shall not constitute a surrender of the property Premises or effect a termination of this Lease, whether or not the keys me retained by Landlord. Tenant’s obligations under this Section shall survive the expiration or termination of this Lease.

Appears in 1 contract

Sources: Sublease (Gymboree Corp)

Surrender. Tenant agrees Provided that on Lessee does not exercise the last day purchase option as set forth in Paragraph 28 hereof, upon the expiration of the Initial Term, or any renewal term, or upon demand by Lessor made pursuant to Paragraph 22 of the lease, Lessee, at its expense, shall return all, but not less than all, of the Equipment by delivering it to such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the sooner termination of this LeaseEquipment, Tenant when returned, shall surrender be in the premises same condition as when delivered to Landlord (a) in good condition and repair (damage by acts of GodLessee, fire, and normal reasonable wear and tear excepted), and (b) otherwise in accordance a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to such missing or damaged items and shall be subject to the terms specified in Paragraph 33(b)(iii)15 below. Normal wear and tear Lessee shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all provide Lessor with a Letter of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage Maintainability from the PremisesManufacturer of the Equipment, which letter shall state that the Building and Equipment will be eligible for the Project and repair, patch, repair and repaint Manufacturer's standard maintenance contract when sold or leased to match any damage any damage caused by such removala third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and (ii) Landlord may, such notice must be received by notice to Tenant given not later than ninety (90) Lessor at least 90 days prior to such return. Should Lessee fail to comply with the Expiration Date (except in provisions described above covering surrender, upon expiration of the event Initial Term, the term of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice lease shall be required)automatically extended for a term of 3 months. Thereafter, require Tenant at Tenant’s expense to remove any or all Alterations (but not any the term of the initial Tenant Improvements) and lease will be extended for subsequent full month periods, on a month to repair any damage caused by month basis, until Lessee has given at least 90 days written notice terminating the lease. Such termination will take effect upon completion of all Lessee's obligations under the lease (including payment of all periodic rental payments due during such removal. Notwithstanding 90 day period as provided in Paragraph 9 of the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlordlease).

Appears in 1 contract

Sources: Master Lease Agreement (Iomega Corp)

Surrender. Tenant agrees that on Upon the last day of the Term, expiration or on the sooner other termination of this Lease, Tenant shall surrender the premises Premises to Landlord vacant and broom-clean, with all improvements and Alterations (aexcept as provided below) in their good condition and repair (damage by acts of Godcondition, fire, and normal except for reasonable wear and tear excepted)tear, damage from casualty or condemnation and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages changes resulting from Landlord’s retention and disposition of such propertyapproved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remain liable remove from the Premises any Alterations that Tenant is required by Landlord to remove under the provisions of this Lease and all of Tenant's Property and trade fixtures. If such removal is not completed at the expiration or other termination of this Lease, Landlord may 1005628.07/SF 375170-00002/11-24-16/mrm/mrm -44- remove the same at Tenant's expense. Any damage to the Premises or the Building caused by such removal shall be repaired promptly by Tenant (including the patching or repairing of damage to ceilings and walls, but Tenant shall not be required to re-paint, touch-up paint, fill minor nail holes, etc.) or, if Tenant fails to do so, Landlord may do so at Tenant's expense. The removal of Alterations from the Premises shall be governed by Paragraph 9 above. Tenant's obligations under this paragraph shall survive the expiration or other termination of this Lease. Upon expiration or termination of this Lease or of Tenant's possession, Tenant shall surrender all keys to the Premises or any other part of the Building and shall make known to Landlord for the combination of locks on all costs incurred in storing safes, cabinets and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain vaults that may be located in the Premises as the property of LandlordPremises.

Appears in 1 contract

Sources: Office Lease (Warner Music Group Corp.)

Surrender. Tenant agrees that on the last day of the Term, or on the sooner termination of this Lease, Tenant shall surrender the premises to Landlord (a) in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted), and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the Upon expiration or sooner termination of this Leasethe Term or Tenant's right to possession of the Premises, (i) Tenant shall return the Premises to Landlord in the condition delivered to Tenant, ordinary wear and damage by fire or other casualty or other cause beyond the control of Tenant excepted, provided Tenant shall remove all the initial improvements constructed pursuant to Exhibit B hereto, if Landlord elects to have such improvements removed pursuant to Exhibit B requested by Landlord, at Tenant's sole cost and expense, prior to the surrender of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, and restore any portions of the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused Premises damaged by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior removal to the Expiration Date (except in the event of a termination of condition required under this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removalparagraph. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which If Landlord requires Tenant to remove any alterations pursuant to Section 9, then such removal shall remain be done in a good and workmanlike manner; and upon such removal Tenant shall restore the Premises as to its condition prior to the installation of such alterations, ordinary wear and damage by fire or other casualty or other cause beyond the control of Tenant excepted. If Tenant does not remove such alterations after request to do so by Landlord, Landlord may remove the same and restore the Premises; and Tenant shall pay the cost of such removal and restoration to Landlord upon demand. Tenant shall also remove its furniture, equipment, trade fixtures and all other items of personal property from the Premises prior to termination of the Term or Tenant's right to possession of the Premises. If Tenant does not remove such items, Tenant shall be conclusively presumed to have conveyed the same to Landlord without further payment or credit by Landlord to Tenant; or at Landlord's sole option such items shall be deemed abandoned, in which event Landlord may cause such items to be removed and disposed of at Tenant's expense, which shall be 115% of Landlord's actual cost of removal, without notice to Tenant and without obligation to compensate Tenant.

Appears in 1 contract

Sources: Industrial Lease (Mpath Interactive Inc/Ca)

Surrender. (a) Tenant agrees that on the last day of the Term, or on the sooner termination of this Lease, Tenant shall surrender the premises Premises to Landlord (ai) in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted), but with all interior walls painted or cleaned so they appear painted and, where appropriate, patched, any carpets cleaned, all floors cleaned and waxed, and all plumbing fixtures in good condition and working order and, where appropriate, capped, and (bii) otherwise in accordance with Paragraph 33(b)(iii32(h). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, Tenant shall, in accordance with this Paragraph 11, and at Tenant's sole cost and expense, remove, and repair any damage caused by such removal, (iA) Tenant shall remove all of Tenant’s 's Property (as hereinafter defined) and Tenant’s 's signage from the Premises, the Building and the Project and repair, patch, repair (B) all Tenant Improvements and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) required to be removed pursuant to Paragraph 12 and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Exhibit A. Any of Tenant’s 's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s 's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s 's retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant is required to remove pursuant to Paragraph 12 and Exhibit A shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the end of the Term or sooner termination of this Lease, and in accordance with the provisions of this Paragraph 11 and Paragraph 32(h) below, Tenant shall indemnify, defend and hold Landlord harmless from and against any and all loss or liability resulting from delay by Tenant in so surrendering the Premises including, without limitation, any loss or liability resulting from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses to Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costs. (b) Notwithstanding Paragraph 11(a) above, with respect to all R&D Space, as defined below, within the Premises, Tenant shall, on the last day of the Term or on the sooner termination of this Lease, surrender such space to Landlord as follows: The Allowable R&D Space, as defined below, shall be surrendered to Landlord in the condition specified in Paragraphs 11(a)(i) and (ii), above, except that Tenant shall not be required to paint or patch any interior walls located within the Allowable R&D Space. The Additional R&D Space, as defined below, shall be surrendered to Landlord in the conditions specified in Paragraphs 11(a)(i) and (ii), above. In addition, Tenant shall pay to Landlord on or before the last day of the Term or on the sooner termination of this Lease, the costs, as reasonably determined by Landlord, necessary to remove all Tenant Improvements and Alterations required to be removed under Paragraph 12 and Exhibit A, and otherwise to surrender the Premises in a condition ready for Landlord to commence build-out of such space for a succeeding tenant.

Appears in 1 contract

Sources: Lease Agreement (Corgentech Inc)

Surrender. Tenant agrees that on Upon the last day of the Term, expiration or on the sooner earlier termination of this Lease, Tenant shall surrender the premises Premises to Landlord (a) in the same condition as existed on the date Tenant originally took possession thereof with all of the improvements, parts and surfaces thereof broom clean and free of debris, and in good operating order, condition and repair (damage by acts state of Godrepair, fire, and normal ordinary wear and tear and casualty damage excepted), and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal “Ordinary wear and tear tear” shall not include any damage or deterioration that would have been prevented by proper industry-standard maintenance practice. Tenant shall repair any damage occasioned by the installation, maintenance or removal of trade fixtures, Tenant owned Alterations and/or Utility Installations, furnishings and equipment. Tenant shall also completely remove from the Project any and all Hazardous Materials brought or released onto the Premises by or for Tenant, even if such removal would require Tenant otherwise performing all to perform or pay for work that exceeds statutory requirements. Trade fixtures shall remain the property of its obligations under this LeaseTenant and shall be removed by Tenant. On Any personal property of Tenant not removed on or before the expiration of the Term or any earlier termination date shall be deemed to have been abandoned by Tenant and may be disposed of or retained by Landlord as Landlord may desire, but any removal or storage shall be at Tenant’s sole cost and expense. The failure by Tenant to timely vacate the Premises pursuant to this Section 16.15 without the express written consent of Landlord shall constitute a holdover under the provisions of Section 16.02 above. Tenant shall not commit or allow any waste or damage to be committed on any portion of the Premises, Buildings or Property. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of this Lease, (i) the Term. Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by give written notice to Tenant given not later than ninety Landlord at least thirty (9030) days prior to vacating the Expiration Date (except in the event of Premises and shall meet with Landlord for a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any joint inspection of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, Premises at the time of Landlord’s consentvacating, which Alterations but nothing contained herein shall be removedconstrued as an extension of the Term or as a consent by Landlord to any holding over by Tenant. Any In the event of Tenant’s Property not so removed by Tenant as required herein failure to give such notice or participate in such joint inspection, Landlord’s inspection at or after T▇▇▇▇▇’s vacating the Premises shall conclusively be deemed abandoned and may be stored, removed, and disposed correct for purposes of by Landlord at determining Tenant’s expense, responsibility for repairs and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlordrestoration.

Appears in 1 contract

Sources: Industrial Space Lease (Dragonfly Energy Holdings Corp.)

Surrender. Tenant agrees that on On the last day of the Term, Term or on the sooner termination of this Leasethereof, Tenant the LESSEE shall peaceably surrender the premises to Landlord (a) Leased Premises in good condition and repair (damage by acts of Godrepair, fire, and normal reasonable wear and tear excepted)expected, consistent with the LESSEE’S duty to make repairs as provided in Sections 2 and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease6 hereof. On or before the expiration last day of the Term or the sooner termination thereof, the LESSEE shall at its expense remove all of its equipment from the Leased Premises, and any property not removed shall be deemed abandoned. All alterations, addition and fixtures, other than the LESSEE’S equipment, which have been made or installed by either the LESSOR or the LESSEE on the Leased Premises shall remain as the LESSOR’S property and shall be surrendered with the Leased Premises as a part thereof. If the Leased Premises are not surrendered at the end of the Term or the sooner termination thereof, the LESSEE shall indemnify the LESSOR against any loss or liability resulting from delay of the LESSEE in so surrendering the Leased Premises, including without limitation claims made by any succeeding lessee founded on such delay. The LESSEE shall promptly surrender all keys for the Leased Premises to the LESSOR at the place then fixed for payment of Rent and shall inform the LESSOR of combinations of any locks or safes on the Leased Premises. In no event shall the LESSEE be deemed to have abandoned the Leased Premises or this Lease during the Term unless the LESSEE first obtains the express permission of the LESSOR. The provisions of this section shall survive the termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord.

Appears in 1 contract

Sources: Lease Agreement (Nexxus Lighting, Inc.)

Surrender. Tenant agrees that on the last day of the Term, Upon expiration or on the sooner earlier termination of this Lease, Tenant shall surrender to Port Port’s Equipment and the premises to Landlord (a) Premises in good condition order, condition, and repair (damage by acts of God, fire, and normal except for ordinary wear and tear excepted), occurring after the last necessary maintenance made by Tenant and (b) otherwise except for destruction or condemnation as described in accordance with Paragraph 33(b)(iiiSections 19 and 20 hereof). Normal Ordinary wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant Tenant, or Tenant otherwise performing all of its obligations under this Lease. The Premises shall be surrendered clean, free of debris, waste, and Hazardous Materials, and free and clear of all liens and encumbrances other than liens and encumbrances existing as of the date of this Lease and any other encumbrances created by Port. On or before the expiration or earlier termination of this Lease, Tenant at its sole cost shall remove from the Premises, and repair any damage caused by removal of, Tenant's Property, including any signage and Alterations and Improvements specified in Port's Notice of Removal. Except for those designated in Port's Notice of Removal, Alterations and Improvements shall remain in the Premises as Port property. If the Premises is not surrendered at the end of the Term or sooner termination of this Lease, (i) and in accordance with the provisions of this Section 28 and Section 15.4, Tenant shall remove all continue to be responsible for the payment of Tenant’s Property Rent (as hereinafter definedthe same may be increased pursuant to Section 29.1 or 29.2 below as applicable) until the Premises is surrendered in accordance with these Sections, and Tenant’s signage Tenant shall Indemnify Port from and against any and all loss or liability resulting from delay by Tenant in so surrendering the Premises including, without limitation, any costs of Port to obtain possession of the Premises; any loss or liability resulting from any Claim against Port made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses to Port due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each instance, reasonable attorneys' fees and costs. No act or conduct of Port, including, but not limited to, the acceptance of the keys to the Premises, shall constitute an acceptance of the Building and surrender of the Project and repair, patch, repair and repaint to match any damage any damage caused Premises by such removal, and (ii) Landlord may, by Tenant before the expiration of the Term. Only a written notice from Port to Tenant given not later than ninety (90) days prior to confirming termination of this Lease and surrender of the Expiration Date (except in Premises by Tenant shall constitute acceptance of the event surrender of the Premises and accomplish a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of LandlordLease.

Appears in 1 contract

Sources: Lease Agreement

Surrender. Tenant agrees that on Upon the last day of the Term, or on the sooner termination of this Lease, Tenant shall peaceably surrender the premises Premises to Landlord (a) in good the same condition and repair (damage by acts of God, fire, and normal wear and tear excepted), and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before which they were received from Landlord at the expiration or sooner termination commencement of this Lease, (i) except as altered as permitted or required by this Lease. Tenant shall remove from the Premises prior to or within a reasonable time after such termination (not to exceed thirty (30) days) all its property that is capable of Tenant’s Property (as hereinafter defined) and Tenant’s signage from removal without causing damage to the Premises, the Building and the Project and repairand, patchat Tenant's expense, repair and repaint to match any damage any damage caused by shall at such times of removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Property not so removed shall become the property of Landlord. Landlord may thereafter cause such property to be removed and disposition of and the cost of repairing any damage caused by such removal shall be borne by Tenant. Notwithstanding anything to the contrary contained herein, upon termination of this Lease pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Premises and shall become the property of Landlord. Any holding over by Tenant of the Premises after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred twenty-five percent (125%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, Landlord any holding over without Landlord's consent shall notify Tenantentitle Landlord, in addition to collecting Basic Rent at the time a rate of Landlord’s consentone hundred twenty-five percent (125%) thereof, which Alterations shall be removed. Any of Tenant’s Property not so removed to exercise all rights and remedies provided by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred law or in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlordequity.

Appears in 1 contract

Sources: Lease Agreement (Televideo Systems Inc)

Surrender. Tenant agrees that on the last day of the Term, or on the sooner termination of this Lease, Tenant shall surrender the premises Premises to Landlord (a) in broom clean, good condition and repair (damage by acts of God, fire, and normal wear and tear tear, casualty and condemnation excepted), and (b) otherwise in accordance with Paragraph 33(b)(iiiSection 32(f). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its maintenance obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) ), all communications, computer or other electronic service wiring, cabling and related devices installed in the Premises or elsewhere in the Building by or at the request of Tenant (provided such removal shall be performed by an engineer or telecom provider designated by Landlord), and Tenant’s signage from the Premises, the Building and the Project Project, and repair, patch, Tenant shall repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, subject to the provisions of Section 12(i) below, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but that Landlord has not any of consented to or that Landlord has not informed Tenant may remain in the initial Tenant ImprovementsPremises pursuant to 12(i) below, and to repair any damage caused by such removal. Notwithstanding ; provided, however that Tenant shall not be required to remove any of the foregoing, initial Tenant Improvements installed by Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. under Exhibit B. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims Claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord.

Appears in 1 contract

Sources: Office Lease Agreement (Arrowhead Research Corp)

Surrender. Tenant agrees that 16.2.1 Subtenant shall have no obligation or liability with respect to the removal and/or restoration of any improvements or alterations not otherwise constructed by Subtenant, including any improvements or alterations constructed by Sublandlord within the Subleased Premises as of the Commencement Date of this Sublease. 16.2.2 Subtenant shall surrender the Subleased Premises on the last day Expiration Date or earlier termination of this Sublease in broom-clean condition, and otherwise in as good condition as received, normal wear and tear and damage caused by casualty or condemnation excepted and shall remove all of Subtenant’s furniture, trade fixtures, equipment, and other personal property on or before the Expiration Date, including, without limitation, personal property acquired from Sublandlord. 16.2.3 Any additions or alterations made by Subtenant shall be surrendered with the Subleased Premises at the end of the Term, unless, prior to the expiration or earlier termination of the Term, Sublandlord provides written notice to Subtenant to remove the same. In such case, Subtenant shall remove the same, to the extent installed or made by or on the sooner termination behalf of this LeaseSubtenant, Tenant shall surrender the premises to Landlord (a) in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted), and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On on or before the expiration or sooner termination of this Leasethe Term, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by resulting from such removal, and (ii) Landlord may, by notice . If Subtenant fails to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to complete such removal and/or repair any damage caused by such removal. Notwithstanding removal of any alterations, additions and improvements made by Subtenant on the foregoingMaster Lease Premises, Landlord shall notify Tenant, at Sublandlord may charge the time of cost thereof to Subtenant together with a five percent (5%) supervision and administration fee (whether such removal is performed by Sublandlord or Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed), and disposed Subtenant shall reimburse Sublandlord for the same within thirty (30) days after receipt of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlordan invoice therefor.

Appears in 1 contract

Sources: Sublease (Minerva Surgical Inc)

Surrender. Tenant agrees that on the last day of the Term, or on the sooner termination of this Lease, Tenant shall surrender the premises to Landlord (a) in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted), and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the Upon expiration or sooner termination of this Leasethe Term or Tenant's right to possession of the Premises, (i) Tenant shall return the Premises to Landlord in substantially the same order and condition when received, except for, ordinary wear and damage by fire or other casualty or any other damage that Tenant has no obligation to repair. Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) improvements required to be removed pursuant to Exhibit B hereof, at its sole costs and --------- expense, prior to repair the surrender of the Premises, and restore any damage caused areas damaged by such removalremoval to a reasonably good condition consistent with the required condition of the balance of the Premises under this paragraph. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which If Landlord requires Tenant to remove any alterations pursuant to Section 9, then such removal shall remain be done in a good and workmanlike manner; and upon such removal Tenant shall restore the Premises as to its condition prior to the installation of such alterations. If Tenant does not remove such alterations after request to do so by Landlord, Landlord may remove the same and restore the Premises; and Tenant shall pay the cost of such removal and restoration to Landlord upon demand. Tenant shall also remove its furniture, equipment, trade fixtures and all other items of personal property from the Premises prior to termination of the Term or Tenant's right to possession of the Premises. If Tenant does not remove such items, Tenant shall be conclusively presumed to have conveyed the same to Landlord without further payment or credit by Landlord to Tenant; or at Landlord's sole option such items shall be deemed abandoned, in which event Landlord may cause such items to be removed and disposed of at Tenant's expense, which shall be 115% of Landlord's actual cost of removal, without notice to Tenant and without obligation to compensate Tenant.

Appears in 1 contract

Sources: Industrial Lease (Silicon Gaming Inc)

Surrender. Tenant agrees that on On the last day of the Demised Term, or on the sooner upon any earlier termination of this Lease, Tenant shall surrender or upon any re-entry by Landlord upon the premises to Landlord Premises, (a) Tenant shall quit and surrender the Premises to Landlord “broom-clean” and in good order, condition and repair (damage attached hereto and incorporated herein by acts of Godreference), fire, and normal except for ordinary wear and tear excepted), and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any such damage or deterioration that would have been prevented by proper maintenance by Tenant destruction as Landlord is required to repair or Tenant otherwise performing all of its obligations restore under this Lease. On or before the expiration or sooner termination of this Lease, (ib) Tenant shall remove all of Tenant’s Property (property therefrom, except as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removalotherwise expressly provided in this Lease, and (iic) Tenant shall surrender to Landlord mayany and all keys, by notice access cards, computer codes or any other items used to Tenant given not later than ninety (90) days access the Premises and Premises. Landlord shall be permitted to inspect the Premises in order to verify compliance with this Section 13.01 at any time prior to (x) the Expiration Date expiration date of the Lease, (except in y) the event effective date of a any earlier termination of this Lease prior Lease, or (z) the surrender date otherwise agreed to in writing by Landlord and Tenant. The obligations imposed under the first sentence of this Section 13.01 shall survive the termination or expiration of this Lease. If any repairs are required to be performed in, to or at the Premises (pursuant to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove first sentence of this Section 13.01 or any other applicable provision of this Lease) upon the expiration or all Alterations (but not any termination of the initial Demised Term, Tenant Improvements) and shall cause such repairs to repair any damage caused by such removalbe performed, to Landlord’s reasonable satisfaction, within 20 business days after the date on which this Lease is terminated or expired. Notwithstanding If Tenant fails to timely comply with the foregoingpreceding sentence, then Landlord shall notify Tenanthave the right to cause the repairs to be performed, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord.

Appears in 1 contract

Sources: Agreement of Sale (Blonder Tongue Laboratories Inc)

Surrender. (A) Tenant agrees that on the last day of the Term, or on the sooner termination of this Lease, Tenant shall surrender the premises Premises to Landlord (ai) in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted), but with all interior walls painted or cleaned so they appear painted and, where appropriate, patched, any carpets cleaned, all floors cleaned and waxed, and all plumbing fixtures in good condition and working order and, where appropriate, capped, and (bii) otherwise in accordance with Paragraph 33(b)(iii32(h). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, Tenant shall, in accordance with this Paragraph 11, and at Tenant's sole cost and expense, remove, and repair any damage caused by such removal, (iA) Tenant shall remove all of Tenant’s 's Property (as hereinafter defined) and Tenant’s 's signage from the Premises, the Building and the Project and repair(B) all Tenant Improvements and all Alterations required to be removed pursuant to Paragraph 12 and Exhibit A. Any of Tenant's Property not (B) Notwithstanding Paragraph 1l(a) above, patchwith respect to all R&D Space, repair as defined below, within the Premises, Tenant shall, on the last day of the Term or on the sooner termination of this Lease, surrender such space to Landlord as follows: (1) The Allowable R&D Space, as defined below, shall be surrendered to Landlord in the condition specified in Paragraphs 11 (a)(i) and repaint (ii), above, except that Tenant shall not be required to match paint or patch any damage any damage caused interior walls located within the Allowable R&D Space. (2) The Additional R&D Space, as defined below, shall be surrendered to Landlord in the conditions specified in Paragraphs 11 (a)(i) and (ii), above. In addition, Tenant shall pay to Landlord on or before the last day of the Term or on the sooner termination of this Lease, the costs, as reasonably determined by Landlord, necessary to remove all Tenant Improvements and Alterations required to be removed under Paragraph 12 and Exhibit A, and otherwise to surrender the Premises in a condition ready for Landlord to commence build-out of such removalspace for a succeeding tenant. (3) The Converted Office Space, as defined below, shall be surrendered to Landlord in the condition required of Additional R&D Space, as provided in Paragraph 11(b)2 above; provided however, Tenant shall also pay to Landlord on or before the last day of the Term or on the sooner termination of this Lease, the Conversion Allowance, as defined below. (C) For the purposes of this Paragraph 11, the following definitions shall apply: (1) ALLOWABLE R&D SPACE shall mean (i) that portion of R&D Space within the original Premises (specifically excluding the Expansion Space, as defined below) (the "Original Premises") that, in the aggregate, does not exceed [...***...] square feet and (ii) that portion of R&D Space within the Expansion Space-that, in the aggregate, does not exceed [...***...] square feet, the location of which shall be reasonably designated by Landlord may, by in a notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord.*CONFIDENTIAL TREATMENT REQUESTED

Appears in 1 contract

Sources: Lease Agreement (Coulter Pharmaceuticals Inc)

Surrender. Tenant agrees that on the last day of the Term, or on the sooner termination of this Lease, Tenant shall surrender the premises Premises to Landlord (a) in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted), ) and (b) otherwise in accordance with Paragraph 33(b)(iii33(f). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) ), and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, subject to the provisions of Paragraph 12(g) below, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but and/or any Tenant Improvements constructed and installed pursuant to Exhibit B hereto that Landlord has not any of consented to or that Landlord has not informed Tenant may remain in the initial Tenant ImprovementsPremises pursuant to Paragraph 12(h) below, and to repair any damage caused by such removal. Notwithstanding ; however, Tenant shall have no obligation to remove the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Initial Alterations shall be removedspecified in Paragraph 12(i) below. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs actually incurred and paid to third parties in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord.

Appears in 1 contract

Sources: Office Lease Agreement (Workday, Inc.)

Surrender. Tenant agrees that on Upon the last day of the Term, expiration or on the sooner earlier termination of this Lease, Tenant shall peaceably leave and surrender the premises Leased Premises to Landlord in the same condition in which the Leased Premises was at the commencement of this Lease, except as repaired, rebuilt, restored, altered, replaced or added to as permitted or required by any provision of this Lease, ordinary wear and tear, and any Casualty or Condemnation as to which Tenant has no obligation hereunder to repair or restore, excepted. Upon such surrender, Tenant shall (a) in good condition and repair remove from the Leased Premises all (damage by acts of Godx) Tenant’s Personal Property, fire(y) Alterations required to be removed pursuant to Paragraph 13 hereof, if any, and normal wear and tear excepted)(z) all Forced Removal Items, if applicable; and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by shall not become the property of Landlord unless Landlord shall, at its option, notify Tenant as required herein shall be in writing that Landlord has deemed such remaining property abandoned and has elected to take title to same, but in either event Landlord may cause such property to be stored, removed, removed from the Leased Premises and disposed the cost of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing removing and disposing of such abandoned property and repairing any damage to any of Tenant. All Tenant Improvements and Alterations except those which Landlord requires the Leased Premises caused by such removal shall be paid by Tenant to remove Landlord upon demand. Landlord shall remain not in the Premises as any manner or to any extent be obligated to reimburse or otherwise compensate Tenant for any such property which becomes the property of LandlordLandlord pursuant to this Paragraph 26.

Appears in 1 contract

Sources: Lease Agreement

Surrender. Tenant agrees Subtenant shall, on or before the Expiration Date, remove all personal property, furniture, trade fixtures and other equipment,provided that the removal of the same does not adversely affect the Building structure or any Building operating system or is not prohibited by the Sub-Lease, and that Subtenantpromptly repairs any damage to the Building structure or its operating systems caused by such removal pursuant to the requirements of the Sub-Lease. In the event that Subtenantfails to remove any such items as required by this Section 4.2 by the Expiration Date, all such items remaining on the last day Subdemised Premises after the Expiration Date shall be deemed abandoned and Sublandlordmay dispose of such items as it sees fit, without liability to Subtenant. Subtenant shall also be responsible for the removal, on or before the Expiration Date, of all alterations as required under the Sub-Lease installed by Subtenant pursuant to this Sub-Sub-Lease and shall be responsible for any associated repair or restoration of the TermSubdemised Premises required under the Sub-Lease. In all other respects, or on Subtenant shall deliver the sooner termination Subdemised Premises broom clean, in its condition as of this Leasethe Commencement Date, Tenant shall surrender the premises to Landlord (a) in good condition and repair (damage by acts of God, fire, and normal reasonable wear and tear and casualty excepted. In no event shall Subtenantremove any of the plumbing, electrical, data lines, and HVAC system(s), except as otherwise required pursuant to this Section 4.2. Subtenant shall vacate and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear deliver possession of the Subdemised Premises free of all liens, charges or encumbrances resulting from any act or omission on Subtenant’spart, and tear shall not include free and clear of any damage and all violations of any law, rule or deterioration that would have been prevented regulation of any federal, state, municipal or other agency or authority by proper maintenance by Tenant reason of Subtenant’s actions or Tenant otherwise performing all failures to fulfill any of its obligations under this LeaseSub-Sub-Lease (“Violations”). On Subtenantshall indemnify Sublandlord against any and all loss, expense, damage, costs or before attorneys’ fees arising out of Violations occurring any time on or after the expiration Commencement Date. The voluntary or sooner termination other surrender of this LeaseSub-Sub-Lease by Subtenant,or a mutual cancellation thereof, (i) Tenant shall remove not automatically terminate any sub-Sub-Sub-Leases or sub-subtenancies or other agreements by which Subtenant has granted rights to third parties to all or any part of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Subdemised Premises, but shall, at the Building and the Project and repairoption of Sublandlord,either (1) terminate all or any existing Sub-Sub-Sub-Leases or sub-subtenancies or such other agreements, patch, repair and repaint or (2) operate as an assignment to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove Sublandlordof any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of Sub-Sub-Sub-Leases or sub-subtenancies or such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlordother agreements.

Appears in 1 contract

Sources: Sub Sub Lease Agreement (Titan Corp)

Surrender. Tenant agrees that (a) Subject to the provisions of Section 5.7 hereof, on the last day of the Term, Term Expiration Date (or on the sooner earlier termination of this Lease), Tenant ▇▇▇▇▇▇ shall quit and surrender possession of the premises Leased Premises to Landlord (a) in good broom clean condition and repair (as good order and condition as they were in on the Term Commencement Date, reasonable wear and tear, casualty damage, taking by condemnation and damage by acts of Godcasualty not caused by Tenant, fireits agents, employees, contractors, invitees and normal wear and tear licensees excepted), and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal Reasonable wear and tear shall not include any damage or deterioration that would have been prevented by proper good maintenance practice or by Tenant or Tenant otherwise performing all of its obligations under this Lease. On Tenant shall, without cost to Landlord, remove all furniture, equipment, trade fixtures, debris and articles of personal property owned by Tenant in the Leased Premises, and shall repair any damage to the Project resulting from such removal. Any such property not removed by Tenant by the Term Expiration Date (or before earlier termination of this Lease) shall be considered abandoned, and Landlord may remove any or all of such items and dispose of same in any lawful manner or store same in a public warehouse or elsewhere for the account and at the expense and risk of Tenant. If Tenant shall fail to pay the cost of storing any such property after storage for thirty (30) days or more, Landlord may sell any or all of such property at public or private sale, in such manner and at such times and places as Landlord may deem proper, without notice to or demand upon Tenant. Landlord shall apply the proceeds of any such sale as follows: first, to the costs of such sale; second, to the costs of storing any such property; third, to the payment of any other sums of money which may then or thereafter be due to Landlord from Tenant under any of the terms of this Lease; and fourth, the balance, if any, to Tenant. (b) In addition, on the Term Expiration Date (or earlier termination of this Lease), Tenant shall remove, at its sole cost and expense, all of Tenant’s telecommunications lines and cabling installed by Tenant or Current Tenant, including, without limitation, any such lines and cabling installed in the plenum or risers of the Building in compliance with the National Electrical Code (collectively, “Wires”) and repair all damage caused thereby and restore the Leased Premises or the Building, as the case may be, to their condition existing prior to the installation of the Wires (“Wire Restoration Work”). Landlord, at its option, may perform such Wire Restoration Work at Tenant’s sole cost and expense. In the event that Tenant fails to perform the Wire Restoration Work or refuses to pay all costs of the Wire Restoration Work (if performed by Landlord) within ten (10) days of Tenant’s receipt of Landlord’s notice requesting ▇▇▇▇▇▇’s reimbursement for or payment of such costs or otherwise fails to comply with the provisions of this Section 5.15(b), Landlord may apply all or any portion of the Security Deposit toward the payment of any costs or expenses relative to the Wire Restoration Work or Tenant’s obligations under this Section 5.15(b). The retention or application of such Security Deposit (if any) by Landlord pursuant to this Section 5.15(b) does not constitute a limitation on or waiver of Landlord’s right to seek further remedy under law or equity. The provisions of this Section 5.15(b) shall survive the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord.

Appears in 1 contract

Sources: Net Lease (Metagenomi Technologies, LLC)

Surrender. Tenant agrees that on a) At the last day expiration of the Term, Term or on the sooner earlier termination of this Lease, Tenant shall surrender promptly yield up the premises to Landlord Premises and all fixtures, improvements, alterations and additions thereto (aexcept for Tenant’s trade fixtures and Tenant’s equipment) in good a condition which is clean of garbage and debris and broom clean and in the same condition, order and repair (damage by acts of Godin which they are required to be kept throughout the Term, fire, and normal ordinary wear and tear and damage by fire and other insured casualty excepted), and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall All of Tenant’s property required to be removed pursuant to this Lease not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before removed prior to the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a earlier termination of this Lease prior shall thereupon be conclusively presumed to have been abandoned by Tenant and Landlord may, at its option, take over possession of such property and either (a) declare the scheduled Expiration Datesame to be the property of Landlord by written notice to Tenant at the address provided herein or (b) at the sole cost and expense of Tenant, remove and store and/or dispose of the same or any part thereof in which event no advance notice any manner that Landlord shall choose without incurring liability to Tenant or any other person, and Tenant’s failure to remove such property shall be required)deemed a holding over by Tenant under Section 28(b) hereunder until such failure is rectified by Landlord or Tenant. b) If Tenant, require Tenant at or any person claiming through Tenant’s expense , continues to remove any or all Alterations (but not any occupy the Premises after the expiration of the initial Tenant Improvements) and to repair Term or earlier termination of this Lease or any damage caused by such removal. Notwithstanding renewal thereof the foregoing, Landlord tenancy under this Lease shall notify Tenantbecome, at the time option of Landlord’s , expressed in a written notice to Tenant and not otherwise, month-to-month, terminable by Tenant or Landlord on thirty (30) days prior notice, under the same terms and conditions set forth in this Lease, except that, regardless of whether Landlord grants such consent, which Alterations the Fixed Basic Rent during such continued occupancy shall be removedone hundred and fifty percent (150%) of the amount set forth in the Preamble for the last month of the Term. Any of Tenant’s Property not so removed Anything to the contrary notwithstanding, any holding over by Tenant as required herein without Landlord’s prior written consent shall constitute an event of default under this Lease and shall be deemed abandoned a tenancy at sufferance and may shall be stored, removed, and disposed subject to all the remedies set forth in Subsection 29(b) of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlordthis Lease.

Appears in 1 contract

Sources: Office Space Lease (Worldgate Communications Inc)

Surrender. Tenant agrees that on Upon the last day of the Term, or on the sooner termination of this Lease, Tenant shall peaceably surrender the premises Premises to Landlord in the same condition in which they were received from Landlord at the commencement of this Lease, except as altered as permitted or required by this Lease (a) in good condition and repair (damage by acts of God, fire, and except for normal wear and tear excepted), and (b) otherwise in accordance provided that Tenant shall have fully complied with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under Section 5.1 of this Lease). On Tenant shall pay, on or before the expiration Termination Date, all costs and expenses relating to the Premises or sooner termination of this Lease, (i) its maintenance or operation which accrued during the Lease Term. Tenant shall remove from the Premises prior to or within a reasonable time after such termination (not to exceed thirty (30) days) all its personal property that is capable of Tenant’s Property (as hereinafter defined) and Tenant’s signage from removal without causing damage to the Premises, the Building and the Project and repairand, patchat Tenant's expense, repair and repaint to match any damage any damage caused by shall at such times of removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Property not so removed shall become the property of Landlord. Landlord may thereafter cause such property to be removed and disposition of and the cost of repairing any damage caused by such removal shall be borne by Tenant. Any holding over by Tenant of the Premises after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred twenty-five (125%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, Landlord any holding over without Landlord's consent shall notify Tenantentitle Landlord, in addition to collecting Basic Rent at the time a rate of Landlord’s consentone hundred twenty-five percent (125%) thereof, which Alterations shall be removed. Any of Tenant’s Property not so removed to exercise all rights and remedies provided by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred law or in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlordequity.

Appears in 1 contract

Sources: Purchase and Sale Leaseback Agreement (Ugly Duckling Corp)

Surrender. Tenant agrees that on Upon the last day expiration of the TermTerm of this Lease or termination for any other reason, Tenant shall surrender the Premises and all Improvements and Alterations (which shall then become the property of Landlord at such time) to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or on Condemnation and any changes resulting from approved Alterations. Notwithstanding the sooner above or anything to the contrary contained in this Lease, prior to the expiration or termination of this Lease, Tenant shall surrender remove from the premises to Landlord Premises all (a) in good condition and repair (damage by acts of Godtelephone, firecomputer, and normal wear and tear excepted)other cabling installed in the Building by Tenant, (b) Trade Fixtures, and (bc) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) goods, inventory and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removalpersonal property, and (ii) Landlord mayif requested by Landlord, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant and Improvements) , and to repair any damage caused by such removal. Notwithstanding If such removal is not completed before the foregoingexpiration or termination of the Term, Landlord shall notify Tenant, at have the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expenseright (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the Rent value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord’s notice shall be transferred to and vest in Landlord). Tenant waives all claims Claims against Landlord for any damages damage or loss to Tenant resulting from Landlord’s retention and removal, storage, retention, or disposition of any such property; provided. Upon expiration or termination of this Lease or of Tenant’s possession, howeverwhichever is earliest, that Tenant shall remain liable surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all costs incurred in storing safes, cabinets and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain vaults that may be located in the Premises as Premises. Tenant’s obligations under this Subsection 21.1 shall survive the property expiration or termination of Landlordthis Lease.

Appears in 1 contract

Sources: Office Lease Agreement (Cempra Holdings, LLC)

Surrender. Tenant agrees that on On the last day of the Term, or on the sooner upon any earlier termination of this Lease; or upon any re-entry by Landlord upon the Premises, Tenant shall surrender the premises to Landlord (a) Tenant shall quit and surrender the Premises to Landlord "broom-clean" and in good order, condition and repair (damage by acts of Godrepair, fire, and normal except for ordinary wear and tear excepted), and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any such damage or deterioration that would have been prevented by proper maintenance by Tenant destruction as Landlord is required to repair or Tenant otherwise performing all of its obligations restore under this Lease. On or before the expiration or sooner termination of this Lease, (ib) Tenant shall remove (i) all of Tenant’s 's Property therefrom, except as otherwise expressly provided in this Lease, (ii) any of Tenant's Alterations (which term expressly excludes any Tenant Improvements) designated for removal by Landlord pursuant to SECTION 10 above, and (iii) all of Tenant's wiring and cabling; provided, however, that Tenant shall not be required to remove Tenant's wiring and cabling (including above ceiling) provided that such wiring and cabling is left in good and usable condition as hereinafter defined) and Tenant’s signage from originally designed for the next tenant's use of the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (iic) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to promptly repair any damage caused by such removal. Notwithstanding the foregoingIf Tenant fails to do so, Landlord shall notify Tenant, at may restore the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord Premises to such condition at Tenant’s 's expense, Landlord may cause all of said property to be removed at Tenant's expense, and Tenant waives hereby agrees to pay all claims against the costs and expenses thereby reasonably incurred. All of said property that is not removed within ten (10) days following Landlord's written demand therefor shall be conclusively deemed to have been abandoned by Tenant, and Landlord for any damages resulting from Landlord’s retention and disposition shall be entitled to dispose of such property; provided, however, that Tenant shall remain liable property at Tenant's cost without thereby incurring any liability to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove This SECTION 19.1 shall remain in survive the Premises as the property termination or expiration of Landlordthis Lease.

Appears in 1 contract

Sources: Industrial Building Lease (Tractor Supply Co /De/)

Surrender. Tenant agrees that on (a) On the last day of the Term, Expiration Date or on upon the sooner termination of this LeaseLease or upon any re-entry by Landlord, Tenant shall surrender shall, at its expense, quit, surrender, vacate and deliver the premises Premises to Landlord (a) "broom clean" and in good order, condition and repair (repair, ordinary wear, tear and damage by acts fire or other insured casualty excepted, together with all Tenant Improvements and Alterations (except as otherwise provided for in this Lease). Tenant shall, at its expense, except to the extent Landlord shall notify Tenant in writing not later than thirty (30) days prior to the Expiration Date, remove from the Building all of God, fire, Tenant's Property and normal wear and tear excepted), and restore the Premises to their condition prior to the making of such improvements. Any Tenant's Property or other personal property which shall remain in the Premises (A) after the Expiration Date or (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear for thirty (30) days after the termination of this Lease shall not include any damage or deterioration that would be deemed to have been prevented abandoned and either may be retained by proper maintenance Landlord as its property or may be disposed of as Landlord may see fit. If such property not so removed shall be sold, Landlord may receive and retain the proceeds of such sale and apply the same, at its option, against the expenses of the sale, moving and storage, arrears of rent and any damages to which Landlord may be entitled. Any excess proceeds shall be the property of Landlord. Any expense incurred by Landlord in removing or disposing of any item that Tenant is required to remove and/or dispose of pursuant to this Section 21.01, shall be reimbursed to Landlord by Tenant or as Additional Charges on demand. The obligations of Tenant otherwise performing all of its obligations under this Lease. On or before Section 21.01(a) shall survive the expiration or sooner termination of this the Lease, . (ib) Tenant shall remove all expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or such person may have under the provisions of Tenant’s Property (as hereinafter defined) Section 2201 of the New York Civil Practice Law and Tenant’s signage from Rules and any similar successor law of same import then in force in connection with any holdover proceedings which Landlord may institute to enforce the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination provisions of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of LandlordArticle.

Appears in 1 contract

Sources: Lease Agreement (Fidelity Holdings Inc)

Surrender. Tenant agrees that on shall, at the last day expiration of the Term, promptly quit and surrender the Premises in good order and condition and in conformity with the applicable provisions of this Lease, excepting only reasonable wear and tear and damage by fire or on other insured casualty. Tenant shall have no right to hold over beyond the expiration of the Term and in the event Tenant shall fail to deliver possession of the Premises as herein provided, such occupancy shall not be construed to effect or constitute other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord by Tenant shall automatically become one hundred fifty percent (150%) of the sum of the Rent during the last month of the Term or the Renewal Term, as the case may be, for the first month of such holdover period, one hundred seventy five percent (175%) of the sum of the Rent during the last month of the Term or the Renewal Term, as the case may be, for the second month and thereafter two hundred percent (200%) of the sum of the Rent during the last month of the Term or the Renewal Term, as the case may be. The acceptance of rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant shall be deemed liquidated damages to Landlord and not a penalty (it being understood that the same shall not prohibit Landlord from recovering damages from Tenant as provided below in this Article 27). It is further agreed that in the event Tenant continues to holdover for three (3) months after the expiration or termination of this Lease, Tenant shall surrender the premises also be liable to Landlord (a) in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted), and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to suffered by Landlord for all costs incurred in storing and disposing of such abandoned property as result of Tenant's failure to surrender the Premises. All Landlord agrees to treat Tenant Improvements as a tenant at sufferance. Notwithstanding anything in this Article contained to the contrary, the acceptance of any Fixed Rent paid by Tenant pursuant to this Paragraph 27, shall not preclude Landlord from commencing and Alterations except those which Landlord requires Tenant to remove shall remain prosecuting a holdover or eviction action or proceeding or any action or proceeding in the Premises as nature thereof. The preceding sentence shall be deemed to be an "agreement expressly providing otherwise" within the property meaning of LandlordSection 232-c of the Real Property Law of the State of New York and any successor law of like import.

Appears in 1 contract

Sources: Triple Net Lease (Hirsch International Corp)

Surrender. Tenant agrees that on the last day of the Term, or on the sooner termination of this Lease, Tenant shall surrender the premises Premises to Landlord (a) in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted), but with all interior walls painted or cleaned so they appear painted, any carpets cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) otherwise in accordance with Paragraph 33(b)(iii32(h). Normal wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains on any portion of the floors), and any damage or deterioration that would have been prevented by proper maintenance by Tenant Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s 's Property (as hereinafter defined) and Tenant’s 's signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s 's expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s 's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s 's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s 's retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the end of the Term or sooner termination of this Lease, and in accordance with the provisions of this Paragraph 11 and Paragraph 32(h) below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Paragraph 35 below) until the Premises are so surrendered in accordance with said Paragraphs, and Tenant shall indemnify, defend and hold Landlord harmless from and against any and all loss or liability resulting from delay by Tenant in so surrendering the Premises including, without limitation, any loss or liability resulting from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses to Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costs.

Appears in 1 contract

Sources: Lease Agreement (Finisar Corp)

Surrender. Tenant agrees that on Subject to its rights of removal described in Section 12 above, the last day Lessee shall at the expiration or other termination of this Lease remove all Lessee’s goods and effects from the Premises (including, without hereby limiting the generality of the foregoing, all signs and lettering affixed or painted by the Lessee, either inside or outside the Premises). Lessee shall deliver to the Lessor the Premises and all keys, locks thereto, and other fixtures connected therewith and all alterations and additions made to or upon the Premises, in the same condition as they were at the commencement of the Term, or in the case of permitted alterations, additions and improvements as they were put in during the term hereof, reasonable wear and tear and damage by fire or other casualty and condemnation and repairs which are Lessor’s responsibility only excepted. In the event of the Lessee’s failure to remove any of Lessee’s property from the Premises, Lessor is hereby authorized, without liability to Lessee for loss or damage thereto, and at the sole risk of Lessee, to remove and store any of the property at Lessee’s expense, or to retain same under Lessor’s control or to sell at public or private sale, without notice, any or all of the property not so removed and to apply the net proceeds of such sale to the payment of any sum due hereunder, or to destroy such property. Lessee recognizes that the Lessor may be required to guarantee delivery of possession to the new occupant promptly upon the expiration or earlier termination of this Lease. Accordingly, Lessee specifically agrees to remove all of its goods and effects and to deliver full possession of the Premises to Lessor not later than the date of the expiration or earlier termination hereof in order to avoid substantial, and perhaps irreparable harm to Lessor, Lessee agrees that Lessor shall have all remedies available at law or in equity for Lessee’s failure so to do. In addition to all such remedies, Lessee further agrees that any holding over by it which has not been consented to in writing by Lessor shall be treated as a tenancy at sufferance at the greater of (i) one and one-half times the monthly rent, or (ii) market rent for one (1) year (on a monthly basis), plus other charges then applicable as of the sooner date of the expiration or earlier termination of this Lease, Tenant and such tenancy at sufferance shall surrender otherwise be on the premises to Landlord (a) terms and conditions set forth in good condition this Lease so far as applicable. Any monies received after the termination date of the Lease will be applied for “use and repair (damage by acts of God, fire, occupancy only” and normal wear will not reestablish the tenancy and tear excepted), shall otherwise be on the terms and (b) otherwise conditions set forth in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant far as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlordapplicable.

Appears in 1 contract

Sources: Lease Agreement (Abiomed Inc)

Surrender. Tenant agrees that on (a) Upon the last day expiration or earlier termination of the Term, or on the sooner termination term of this Lease, Tenant shall surrender the premises Premises to Landlord (a) in good the same condition and repair (damage in which the Premises were originally received from Landlord except as repaired, replaced, rebuilt, restored, as required by acts of God, fire, and normal wear and tear excepted), and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination provision of this Lease, except as altered or added to with Landlord's prior written approval, and except for ordinary wear and tear, damage or destruction (i) as set forth in Section 14), or taking by eminent domain. Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint Premises on or prior to match any damage any damage caused such expiration or earlier termination all personal property situated thereon which is not owned by such removalLandlord, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice at its cost and expense shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removalremoval and upon Landlord's request, remove any alteration made by Tenant which did not require or receive Landlord's prior written approval. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as become the property of Landlord, which may thereafter cause such property to be removed from the Premises and disposed of, but the cost of any such removal and disposition as well as the cost of repairing any damage caused by such removal shall be borne by Tenant. (b) Except for surrender upon the expiration or earlier termination of the term hereof, no surrender to Landlord of this Lease or of the Premises or any portion thereof or of any interest therein shall be valid or effective unless agreed in writing under signature of (i) a manager of Landlord, and (ii) so long as the estate, right, title and interest of Landlord hereunder or in the Premises shall be assigned or mortgaged as security for the payment of indebtedness for borrowed money, an officer of each such assignee or mortgagee. No act by any other representative or agent of Landlord, and no act by Landlord, other than such an agreement and acceptance so signed, shall constitute an acceptance of any such surrender.

Appears in 1 contract

Sources: Lease Agreement (Guitar Center Inc)

Surrender. (a) On the date on which this Lease expires or terminates, Tenant agrees that on the last day shall return possession of the TermPremises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or on other conditions that Tenant is not required to remedy under this Lease. Prior to the sooner expiration or termination of this Lease, Tenant shall surrender remove from the premises to Property all furniture, trade fixtures, equipment, wiring and cabling installed by or on behalf of Tenant (unless Landlord (a) in good condition and repair (damage by acts of God, fire, and normal wear and tear excepteddirects Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If ▇▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer. (b) otherwise If Tenant remains in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all possession of its obligations under this Lease. On or before the Premises after the expiration or sooner termination of this Lease, ▇▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (i) unless clearly inapplicable), except that for the first month of any holdover, the Monthly Rent shall be 150% of the Monthly Rent payable for the last full month immediately preceding the holdover, and thereafter, the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, 126390.00400/118481426v.4 04/15/2019 05:55 A4P4 any holdover by Tenant shall remove constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint remedies available to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expensedefault, and Tenant waives shall be liable for all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provideddamages, howeverincluding consequential damages, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing suffers as a result of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord.holdover..

Appears in 1 contract

Sources: Lease Agreement (Penumbra Inc)

Surrender. Tenant agrees that that, on the last day of the Lease Term, or on the sooner termination of this Lease, Tenant shall surrender the premises Premises promptly and peaceably to Landlord (a) in as good a condition and repair as received on the Commencement Date (damage by acts Acts of God, casualties, fire, normal wear, tear and normal wear obsolescence, condemnation, and tear Alterations, as hereinafter defined, which Tenant is not required to remove under the terms of this Lease, excepted), and (b) otherwise in accordance together with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would the Tenant Improvements which may have been prevented by proper maintenance by Tenant made in, to, or Tenant otherwise performing on the Premises), with all of its obligations under this Leaseinterior walls cleaned and repaired or replaced, if damaged; all floors broom cleaned; all carpets cleaned; and all broken, marred or nonconforming acoustical ceiling tiles replaced. On or before the end of the Term or sooner termination of this Lease, Tenant shall remove all of Tenant's personal property and trade fixtures (the "Tenant's Property") from the Premises as set forth in Section 8.10 below; provided, however, Tenant shall not remove or demolish the Tenant Improvements. All of Tenant's Property not so removed on or before the end of the Term or sooner termination of this Lease shall be deemed abandoned by Tenant. Landlord may, upon termination of this Lease, remove all Tenant's Property so abandoned by Tenant, at Tenant's sole cost and expense, and repair any damage caused by such removal at Tenant's sole cost and expense. On the expiration or sooner termination of this Lease, (i) Tenant shall not be required to remove all or demolish the Tenant Improvements and Tenant shall not be required to remove or demolish any Alterations made to the Premises by Tenant during the term of Tenant’s Property (this Lease except as hereinafter defined) described in Section 8 of this Lease. If the Premises are not surrendered at the end of the term or sooner termination of this Lease, Tenant shall indemnify and Tenant’s signage hold Landlord harmless from and against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. Nothing contained herein shall be construed as an extension of the Building and the Project and repair, patch, repair and repaint Term hereof or as a consent of Landlord to match any damage any damage caused holding over by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination Tenant. The cancellation of this Lease prior to on the scheduled Expiration Date, in which event no advance notice mutual agreement and consent of both Landlord and Tenant shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenantwork as a merger and, at the time option of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant either terminate all or any existing subleases or subtenancies or operate as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable an assignment to Landlord for of all costs incurred in storing or any such subleases or subtenancies; provided that, if Landlord elects an assignment Landlord shall fully and disposing of such abandoned property of Tenant. All finally release Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlordfrom all further obligations under this Lease.

Appears in 1 contract

Sources: Lease Agreement (Ilog Sa)

Surrender. Tenant agrees that on the last day of the Term, or on the sooner termination of this Lease, Tenant shall surrender the premises Premises to Landlord (a) in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted), but with all interior walls painted or cleaned so they appear painted, any carpets cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) otherwise in accordance with Paragraph 33(b)(iii32(h). Normal wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains on any portion of the floors), and any damage or deterioration that would have been prevented by proper maintenance by Tenant Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s 's Property (as hereinafter defined) and Tenant’s 's signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s 's expense to remove any or all Alterations (but not any of and/or the initial Tenant Improvements) Improvements constructed and installed pursuant to Exhibit B hereto, and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property 's property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s 's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s 's retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the end of the Term or sooner termination of this Lease, and in accordance with the provisions of this Paragraph 11 and Paragraph 32(b) below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Paragraph 35 below) until the Premises are so surrendered in accordance with said Paragraphs, and Tenant shall indemnify, defend, and hold Landlord harmless from and against any and all loss or liability resulting from delay by Tenant in so surrendering the Premises including, without limitation, any loss or liability resulting from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses to Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costs.

Appears in 1 contract

Sources: Lease Agreement (Mohawk Industries Inc)

Surrender. Tenant agrees that on the last day of the Term, or on the sooner termination of this Lease, Tenant shall surrender the premises Premises to Landlord (a) in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted), but with all interior walls painted or cleaned so they appear painted, any carpets cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) otherwise in accordance with Paragraph 33(b)(iii33(h). Normal wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains on any portion of the floors), and any damage or deterioration that would have been prevented by proper maintenance by Tenant Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not specifically excluding, however, any of alterations or improvements made to the initial Tenant ImprovementsPremises by the previous tenant prior to the Commencement Date) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the end of the Term or sooner termination of this Lease, and in accordance with the provisions of this Paragraph 12 and Paragraph 33(h) below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Paragraph 36 below) until the Premises are so surrendered in accordance with said Paragraphs, and Tenant shall indemnify, defend and hold Landlord harmless from and against any and all loss or liability resulting from delay by Tenant in so surrendering the Premises including, without limitation, any loss or liability resulting from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses to Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys’ fees and costs.

Appears in 1 contract

Sources: Lease Agreement (Financial Engines, Inc.)

Surrender. Tenant agrees that on 24.01 On the last day of the Term, or on the sooner upon any earlier termination of this Lease, or upon any re-entry by Landlord upon the Demised Premises, Tenant shall quit and surrender the premises Demised Premises to the Landlord broom clean, in good order, condition and repair except for ordinary wear and tear and damage by fire or other insured casualty, restored as provided in Section 12.01. 24.02 Prior to such surrender, Tenant shall (a) in good condition remove Tenant's Property subject to the provisions of Article 13 hereof, (b) at Landlord's request remove from the Demised Premises all improvements, alterations, additions, fixtures and repair equipment (damage sometimes herein called "additional work") other than Tenant's work attached hereto as Exhibit C, whether such additional work was performed by acts of God, fireTenant or by Landlord on Tenant's behalf, and normal wear and tear excepted)whether such additional work consisted of extra or special work or additional items or quantities of Building standard work, and (bc) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include at Landlord's request, repair any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, make any replacements to the Building and or the Project and repair, patch, repair and repaint to match any damage any damage caused Demised Premises resulting from or necessitated by such removal, and restore those parts of the Demised Premises from which the removal referred to in subparagraphs (iia) Landlord mayand (b) above occurred, by notice to Tenant given not later than ninety (90) days prior a condition which will blend with and be comparable to adjacent areas. Tenant's removal and repair obligations hereunder with respect to the Expiration Date (except in the event of a termination of this Lease prior Demised Premises shall extend to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove core area or any or all Alterations (but not any other part of the initial Building where any additional work was performed by or on behalf of Tenant. If Tenant Improvements) and shall fail to repair any damage caused by such removal. Notwithstanding the foregoingperform as provided in this Section 24.02, Landlord shall notify Tenant, at have the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not right to do so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s 's cost and expense, without further notice or demand upon Tenant, and Tenant waives shall indemnify Landlord against all claims against Landlord for loss or liability resulting therefrom, including, without limitation, any damages resulting from Landlord’s retention and disposition delay in granting occupancy of such property; provided, however, that Tenant shall remain liable the Demised Premises to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlorda future occupant.

Appears in 1 contract

Sources: Office Lease Agreement (Star Telecommunications Inc)

Surrender. Tenant agrees that on (a) Upon the last day of the Term, or on the sooner termination of this Lease, Tenant shall peaceably surrender the premises Premises to Landlord (a) in good the same condition and repair (damage by acts of God, fire, and normal wear and tear excepted), and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before which they were received from Landlord at the expiration or sooner termination commencement of this Lease, (i) except as altered as permitted or required by this Lease and except for ordinary wear and tear and damage due to condemnation and casualty. Provided that Tenant is not in default hereunder, Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days Premises prior to the Expiration Date (except in the event of a such termination of this Lease prior to the scheduled Expiration Dateall property not owned by Landlord, in which event no advance notice shall be required)and, require Tenant at Tenant’s expense to remove any or all Alterations (but not any expense, shall at such times of the initial Tenant Improvements) and to removal, repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as become the property of Landlord. Landlord may thereafter cause such property to be removed and disposition and the cost of repairing any damage caused by such removal shall be borne by Tenant. Notwithstanding anything to the contrary contained herein, upon termination of this Lease, all fixtures, including, but not limited to, the heating, ventilation and air conditioning systems shall remain on the Premises and shall become the property of Landlord, except as provided in Paragraph 11 hereof. (b) Tenant shall pay Landlord for each day Tenant retains possession of the Premises or any part thereof after termination of this Lease, by lapse of time or otherwise, an amount equal to one hundred fifty percent (150%) of the amount of rent for a day based on the annual rate of Basic Rent applicable under Section 5 on the last day of the immediately preceding term of this Lease. Nothing herein shall be construed or operate as a waiver of Landlord’s right of re-entry or any other right of Landlord.

Appears in 1 contract

Sources: Lease Agreement (Spectrum Brands, Inc.)

Surrender. Tenant agrees that on Upon the last day expiration of this Sublease, or upon the termination of the TermPrime Lease or of the Subtenant's right to possession of the Premises, or on Subtenant will at once surrender and deliver up the sooner termination of this LeasePremises, Tenant shall surrender the premises together with all improvements thereon, to Landlord (a) Sublandlord in good condition and repair (damage by acts of Godrepair, fire, and normal reasonable wear and tear excepted). Conditions existing because of Subtenant's failure to perform maintenance, repairs or replacements as required of Subtenant under this Sublease shall not be deemed "reasonable wear and tear." Said improvements shall include all plumbing, lighting, electrical, heating, cooling and ventilating fixtures and equipment and other articles of personal property used in the operation of the Premises (b) otherwise in accordance with Paragraph 33(b)(iiias distinguished from operations incident to the business of Subtenant). Normal wear Subtenant shall surrender to Sublandlord all keys to the Premises and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing make known to Sublandlord the combination of all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from combination locks which Subtenant is permitted to leave on the Premises. All Alterations in or upon the Premises made by Subtenant shall become a part of and shall remain upon the Premises upon such termination without compensation, the Building and the Project and repair, patch, repair and repaint allowance or credit to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such propertySubtenant; provided, however, that Tenant Sublandlord shall remain liable have the right to require Subtenant to remove any Alterations made by Subtenant, or portion thereof. Said right shall be exercisable by Sublandlord's giving written notice thereof to Subtenant on or before thirty (30) days prior to such expiration or on or before twenty (20) days after such termination. Subtenant shall also remove any Alterations made by Subtenant, or portion thereof, which Prime Landlord for all costs incurred in storing and disposing may require Sublandlord to remove, pursuant to the terms of the Prime Lease. In any such event, Subtenant shall restore the Premises to their condition prior to the making of such abandoned property of TenantAlteration, repairing any damage occasioned by such removal or restoration. All Tenant Improvements and Alterations except those which If Sublandlord or Prime Landlord requires Tenant removal of any Alteration made by Subtenant, or a portion thereof, and Subtenant does not make such removal in accordance with this Section, Sublandlord may remove the same (and repair any damage occasioned thereby), and dispose thereof, or at its election, deliver the same to any other place of business of Subtenant, or warehouse the same. Subtenant shall pay the costs of such removal, repair, delivery and warehousing on demand. As between Sublandlord and Subtenant, Subtenant shall not be required to remove any Alterations performed by Sublandlord prior to the Commencement Date or to restore the Premises to their condition prior to the making of such Alterations. If, however, the term of the Sublease expires at or about the date of the expiration of the Prime Lease, and if Sublandlord is required under or pursuant to the terms of the Prime Lease to remove any Alterations performed prior to the Commencement Date, Subtenant shall remain in permit Sublandlord to enter the Premises, upon reasonable notice for a reasonable period of time prior to the expiration of the Sublease, subject to such conditions as Subtenant may reasonably impose, for the purpose of removing its Alterations and restoring the Premises as the property of Landlordrequired.

Appears in 1 contract

Sources: Sublease (Aquantive Inc)

Surrender. Tenant agrees that on On or before the last day of the Term, Expiration Date or on the sooner earlier termination of this LeaseSublease, Tenant Sublessee shall remove all of its trade fixtures and all alterations and improvements (unless Master Lessor has permitted Sublessee to leave its alterations and improvements), and shall surrender the premises Subleased Premises to Landlord (a) Sublessor in good clean condition and repair (in the same condition required by Section 2.6 of the Master Lease. Any damage by acts or deterioration of God, fire, and normal the Subleased Premises shall not be deemed ordinary wear and tear excepted), and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would if the same could have been prevented by proper customary and ordinary maintenance practices. Not later than the expiration of the Term of this Sublease or the date of any sooner termination, Sublessee shall repair any damage to the Subleased Premises occasioned by Tenant the installation or Tenant otherwise performing removal of Sublessee’s trade fixtures, furnishings, equipment, alterations or improvements and personal property. If the Subleased Premises are not so surrendered, then Sublessee shall be liable to Sublessor for all reasonable costs incurred by Sublessor in returning the Subleased Premises to the required condition, plus interest thereon at the Interest Rate. Sublessee shall indemnify, defend, protect and hold harmless Sublessor against any and all claims, liabilities, judgments, causes of its obligations under action, damages, costs, and expenses (including reasonable attorneys’ and experts’ fees) resulting from Sublessee’s delay in surrendering the Subleased Premises, including, without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. The indemnification set forth in this Lease. On or before Paragraph shall survive the expiration or sooner earlier termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of LandlordSublease.

Appears in 1 contract

Sources: Consent to Sublease (Alphasmart Inc)

Surrender. Tenant agrees that on 20.01. Upon the last day expiration of the Term, Term or on the sooner any earlier termination of this the Lease, Tenant shall remove Tenant’s Property and surrender the premises Demised Premises to Landlord free and clear of all liens and encumbrances, lettings and occupancies, in good condition, ordinary wear and tear and damage from the elements or other casualty or from causes beyond Tenant’s reasonable control excepted. Notwithstanding the foregoing, Tenant shall not be required to deliver up the Demised Premises free of the following liens, encumbrances, lettings and occupancies: (a) in good condition and repair (damage by acts of GodSuperior Mortgages, fire, and normal wear and tear excepted), and if any; (b) otherwise Any liens or encumbrances permitted by this Lease or consented to by Landlord, including, but not limited to, Permitted Encumbrances (as defined in accordance with Paragraph 33(b)(iiithe Installment Sale Agreement). Normal wear and tear shall not include any damage ; (c) Any sublease or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all other occupancy agreement, the continuation of its obligations under this Lease. On or before which beyond the expiration or sooner termination of this LeaseLease has been consented to in writing by Landlord; If Tenant retains possession of the Demised Premises or any part thereof after the expiration of the Term without Landlord’s prior consent, Tenant (iwithout prejudice to any of Landlord’s other rights and remedies) shall pay Landlord an amount equal to double the immediately preceding Fixed Rent for the time Tenant thus remains in possession, and Tenant shall remove pay Landlord all Additional Rent for such period and damages, consequential and direct, sustained by reason of Tenant’s Property (retention of possession. If Tenant holds over due to the exercise of its option to purchase the Demised Premises as hereinafter defined) and Tenant’s signage from the Premisesset forth in Article 27, the Building Fixed Rent shall not be doubled and Tenant shall not be liable for damages as long as a settlement date acceptable to Landlord has been scheduled, but rather Tenant shall pay to Landlord rent at the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to sane monthly rental in effect during the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any last month of the initial Tenant Improvements) lease tern up to and to repair any damage caused by such removal. Notwithstanding including the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlordsettlement date.

Appears in 1 contract

Sources: Consent to Assignment (Bway Corp)

Surrender. Tenant agrees that on the last day No act by Landlord shall be an acceptance of a surrender of the TermPremises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. Upon termination of the Lease Term or on earlier termination of Tenant's right of possession, subject to the sooner removal requirements set forth in Paragraph 12(d), Tenant shall surrender the Premises to Landlord in good usable condition, broom clean, ordinary wear and tear and casualty loss and condemnation covered by Paragraphs 15 and 16 excepted. A minimum of [***] ([***]) days prior to the expiration or earlier termination of this Lease, Landlord and Tenant shall surrender the premises to Landlord (a) in good condition and repair (damage by acts coordinate a joint inspection of God, fire, and normal wear and tear excepted), and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Trade Fixtures, Tenant’s Property -Made Alterations and property not so removed by Tenant as required herein prior to Lease expiration or termination shall be deemed abandoned and may be stored, removed, and disposed of by Landlord (at Tenant’s expense's expense if the Lease required removal), and Tenant waives all claims against Landlord for any damages resulting from Landlord’s 's retention and disposition of such property; provided. If Tenant fails to perform any obligation prior to the expiration or earlier termination of this Lease, howeverLandlord may, that but shall not be obligated to, perform such obligation and Tenant shall remain liable to pay Landlord for all costs incurred in storing and disposing associated therewith, plus an administrative fee of [***]% of such abandoned property costs, promptly upon Landlord's delivery to Tenant of Tenantan invoice therefor together with reasonably supporting documentation. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove The provisions of this paragraph shall remain in survive the Premises as the property expiration or earlier termination of Landlordthis Lease for [***] months after Lease expiration or termination.

Appears in 1 contract

Sources: Lease Agreement (Sana Biotechnology, Inc.)

Surrender. Tenant agrees that on Upon the last day of the Term, expiration or on the sooner earllier termination of this Lease, Tenant shall peaceably leave and surrender the premises Leased Premise (except as to any portion thereof with respect to which this Lease has previously terminated) to Landdlord in the same condition in which the Leased Premises were originally received from Landlord (a) in good condition and at the commencement of this Lease, except as to any repair (damage or Alteration as permitted or required by acts any provision of God, firethis Lease, and normal except for ordinary wear and tear excepted)and damage by fire, casualty or condemnation but only to the extent Tenant is not required to repair the same hereunder. Tenant may remove at Tenant's sole cost and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage expense from the Leased Premises on or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before prior to the expiration or sooner earlier termination of this Lease, (i) Tenant's Trade Fixtures, Inventory and any personal property which is owned by Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removalor third parties other than Landlord, and (ii) Landlord mayTenant at its expense shall, by notice to Tenant given not later than ninety (90) days on or prior to the Expiration Date (except in the event of a such . expiration or earlier termination of this Lease prior to the scheduled Expiration DateLease, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property 's Trade Fixtures and personal property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed at the expiration of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord the Term or within thirty (30) days after the earlier termination of the Term for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant reason whatsoever shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as become the property of Landlord, and Landlord max thereafter cause such property to be removed from the Leased Premises. Landlord shall not in any manner or to any extent be obligated to reimburse Tenant for any property that becomes the property of Landlord in the manner set forth in the proceeding sentence. Upon such expiration or earlier termination of the Term hereof no party shall have any further rights or obligations hereunder except as specifically provided herein.

Appears in 1 contract

Sources: Assignment and Assumption of Lease (Aei Income & Growth Fund 25 LLC)

Surrender. Tenant agrees that on 14.2.1. Upon the last day expiration or earlier termination of the Term, or on the sooner termination of this Lease, Tenant shall surrender the premises Premises to the Landlord (a) in good condition order and repair (damage by acts of God, fire, damages reasonably beyond the Tenant's control and normal ordinary wear and tear excepted), and broom clean; and 14.2.2. any and all improvements, repairs, alterations and all other property attached to, used in connection with or otherwise installed upon the Premises (a) shall immediately upon the completion of the installation thereof, be and become the Landlord's property without payment therefore by the Landlord, and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before be surrendered to the landlord upon the expiration or sooner earlier termination of this Leasethe Term, (i) except that any machinery, equipment or fixtures installed by the Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except used in the event conduct of a termination of this Lease prior the Tenant's trade or business (rather than to service the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any Premises or all Alterations (but not any of the initial remainder of the Building or the Property generally) shall remain the Tenant's property and shall be removed by the Tenant Improvementswithin five (5) days after the expiration or earlier termination of the term, and to repair the Tenant shall promptly thereafter fully restore any damage caused of the Premises or the Building damaged by such removalinstallation or removal thereof. Notwithstanding the foregoingAll such machinery, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed equipment or fixtures installed by Tenant as required herein shall and all furniture, inventory and effects on the Premises after the end of such five day period will be deemed conclusively to have been abandoned and may be appropriated, sold, stored, removeddestroyed, and or otherwise disposed of by the Landlord at Tenant’s expense, without written notice to the Tenant or any other person and without obligation to account for such property. The Tenant waives all claims against shall pay the Landlord for any damages resulting from Landlord’s retention and disposition all expenses incurred in connection with the storage or the removal of such property; provided, howeverincluding, that Tenant shall remain liable but not limited to Landlord for all costs incurred in storing and disposing the cost of repairing any damage to the building or Premises caused by the removal of such abandoned property property. The Landlord shall not be responsible for the care or safekeeping of Tenantsuch property, and the Tenant hereby waives any and all loss, destruction and/or damage or injury which may be occassioned by any of the aforesaid acts. All Tenant Improvements Lessor's obligation to observe and Alterations except those which Landlord requires Tenant to remove shall remain in perform this covenant will survive the Premises as expiration or other termination of the property of LandlordLease.

Appears in 1 contract

Sources: Lease Agreement (Integrated Information Systems Inc)

Surrender. Tenant agrees that on On the last day of the Term, Term of this Lease Agreement or on the sooner termination of this Leasethereof in accordance with the terms hereof, Tenant shall peaceably surrender the premises to Landlord (a) Premises in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted), and (b) otherwise consistent with Tenant's duty to make repairs as provided in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this LeaseArticle 9 hereof. On or before the expiration or sooner termination of this Leasesaid last day, (i) Tenant shall at its expense remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage its equipment from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage repairing any damage caused by such removalthereby, and (ii) any property not removed shall be deemed abandoned. All alterations, additions and fixtures other than Tenant's trade fixtures, which have been made or installed by either Landlord mayor Tenant upon the Premises shall remain as Landlord's property and shall be surrendered with the Premises as a part thereof, or shall be removed by notice to Tenant given not later than ninety (90) days prior to Tenant, at the Expiration Date (except in the event option of a termination of this Lease prior to the scheduled Expiration DateLandlord, in which event no advance notice Tenant shall be required), require Tenant at Tenant’s its expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused thereby. It is specifically agreed that any and all telephonic, coaxial, ethernet, or other computer, word processing, facsimile, or electronic wiring installed by such removal. Notwithstanding Tenant within the foregoing, Landlord Premises (hereafter "Wiring") shall notify be removed at Tenant, 's cost at the time expiration of Landlord’s consentthe Term, which Alterations unless Landlord has specifically requested in writing that said Wiring shall remain, whereupon said Wiring shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in surrendered with the Premises as Landlord's property. If the property Premises are not surrendered at the end of Landlordthe Term or the sooner termination thereof, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, claims made by any succeeding tenant founded on such delay. Tenant shall promptly surrender all keys for the Premises to Landlord at the place then fixed for payment of rental and shall inform Landlord of combinations on any locks and safes on the Premises.

Appears in 1 contract

Sources: Lease Agreement (Health Fitness Physical Therapy Inc)

Surrender. Tenant agrees that shall on the last day of the Term, or on the sooner upon any earlier termination of this Lease, quit and peacefully surrender and deliver up the Premises, including the Tenant shall surrender Improvements and all other improvements to the premises Premises, to the possession and use of the Landlord (a) without delay and in good order, condition and repair (damage by acts of God, fire, and normal excepting only reasonable wear and tear excepted)and damage from a Taking or from a fire or other casualty after the last repair, replacement, restoration or renewal required to be made by Tenant, all as provided under this Lease) and (b) otherwise in accordance with Paragraph 33(b)(iii)the Brand Standards. Normal wear The Premises shall at that time be free and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing clear of all of its obligations leases and occupancies, except as may be permitted under this Lease. On The Premises shall be surrendered free and clear of all liens and encumbrances other than those existing at the commencement of the Term, or before created or suffered by the Landlord or permitted hereunder and shall be surrendered without any payment by the Landlord on account of Tenant Improvements or any other improvements which may be on the Premises. Upon or at any time after the expiration or sooner earlier termination of this Lease, (i) subject to the rights of any subtenant or other occupant under a non-disturbance and attornment agreement executed by the Landlord and such subtenant or occupant pursuant to Section 11.02, the Landlord may, without further notice, enter upon and re-enter the Premises and possess and repossess itself thereof, by force, summary proceedings, ejectment or otherwise, and may dispossess Tenant shall and remove Tenant and all of Tenant’s Property (as hereinafter defined) other persons and Tenant’s signage property from the Premises, and may have, hold and enjoy the Building Premises and the Project and repair, patch, repair and repaint right to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to receive all income from the Expiration Date (except in the event of a same. Upon termination of this Lease prior to Lease, whether at the scheduled Expiration Dateend of the Term or upon any earlier termination, in which event no advance notice all Building Equipment, and the portion of the FF&E located on the Hotel portion of the Premises and other personal property then located on the Hotel portion of the Premises shall be required), require Tenant at Tenant’s expense surrendered to remove any or all Alterations (but not any and become the property of the initial Tenant Improvements) and to repair any damage caused by such removalLandlord. Notwithstanding the foregoing, Landlord shall notify Tenantupon the expiration of the Term or upon an earlier termination of the Lease for any reason other than an Event of Default, FF&E in the Casino and other movable personal property and trade fixtures installed at the time expense of Tenant or any sublessee, but excluding any Building Equipment or Hotel Property, may be removed by Tenant or such sublessee, and shall not be deemed to be attached to the freehold nor the property of, nor surrendered to, Landlord’s consent, which Alterations provided that the removal of any such property does not structurally injure the Tenant Improvements, necessitate changes in the Tenant Improvements or render the Tenant Improvements or any part thereof unfit for use and occupancy. Tenant shall be removedpay the cost of repairing any damage to the Premises or Tenant Improvements arising from the removal of such property, and such obligation shall survive the Term. Any of Tenant’s Property All such property not so removed by Tenant as required herein the expiration or earlier termination of the Term shall be deemed abandoned by Tenant and sublessees, and may be stored, removed, and retained by Landlord as its property or disposed of by in such manner as Landlord at Tenant’s expense, sees fit with the right to retain any proceeds therefrom as its own. Within one (1) year prior to the end of the Term. Tenant shall provide Landlord with a list of FF&E and other movable personal property and trade fixtures that Tenant waives all claims against Landlord intends to remove upon expiration or earlier termination of this Lease for any damages resulting from Landlord’s retention and disposition reason other than an Event of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of LandlordDefault.

Appears in 1 contract

Sources: Ground Lease (MGM Resorts International)

Surrender. Tenant agrees that on Upon the last day of the Term, expiration or on the sooner termination of this Lease, Tenant shall surrender the premises Premises and all Tenant Improvements and Alterations to Landlord (a) broom-clean and in good condition their original condition, except for reasonable wear and repair (tear, damage by acts of God, firefrom casualty or condemnation and any changes resulting from approved Alterations, and normal wear and tear excepted), and (b) otherwise Tenant shall have no obligation to remove Alterations or Minor Alterations to the Premises except to extent specifically provided in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before ; provided, however, that prior to the expiration or sooner termination of this Lease, (i) Lease Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, Premises all Tenant's telephone and electronic cabling and security systems installed in the Building by Tenant, personal property and the Project any Trade Fixtures and repairall Alterations and Minor Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, patch, and repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable not be required to remove any telephone or other cabling installed in the Building by Tenant if Tenant fulfills the initial 144 month Term of this Lease. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and Tenant shall indemnify Landlord from any other costs or damages incurred in storing and disposing by Landlord by reason of Tenant's failure to complete timely removal. Landlord shall also have the right to retain or dispose of all or any portion of such abandoned property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. All Tenant's obligations under this Section shall survive the expiration or termination of this Lease. In no event shall Tenant be required to remove the Tenant Improvements and or any Alterations except those which Landlord requires Tenant to remove shall remain as provided in the Premises as the property of LandlordSection 6.1 above.

Appears in 1 contract

Sources: Lease Agreement (Harvard Bioscience Inc)

Surrender. Tenant agrees that on (a) Upon the last day of the Term, expiration or on the sooner earlier termination of this Lease, Tenant shall surrender the premises Premises to Landlord (a) in good order, condition and repair (damage by acts of Godrepair, fire, and normal except for ordinary wear and tear excepted)and provided, however, that notwithstanding the foregoing, Tenant shall have the right to raze some or all the Improvements damaged and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, destroyed so long as (i) Tenant shall removes all rubble and debris so as to remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, hazardous or unsightly conditions and (ii) Tenant shall have obtained any required consent of the Qualified Fee Mortgagee; and provided further that in the case of a Taking, such obligation shall only apply to the portion not taken and damage to the remaining Improvements resulting from such Taking. At the time of surrender, the Premises shall be free and clear of all subleases (other than subleases which Landlord may, by notice is obligated to recognize or elects to recognize under Section 25) and all Liens (other than Permitted Liens). (b) Tenant given not later than ninety (90) days shall remove from the Premises on or prior to the Expiration Date (except in the event of a such expiration or earlier termination of this Lease prior to the scheduled Expiration Date, in all personal property situated thereon which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but is not any part of the initial Tenant Improvements) Improvements and to not owned by Landlord or permitted subtenants, and shall repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as become the property of Landlord, which may thereafter cause such property to be removed from the Premises and disposed of, but the cost of any such removal and disposition as well as the cost of repairing any damage caused by such removal shall be borne by Tenant. (c) At the time of such surrender, Tenant shall deliver to Landlord the original (or if the original is not in Tenant's possession, a copy) of (i) in case of termination of this Lease, executed copies of all subleases and all rent prepayments, security deposits and payments in the nature of additional rent (which have not been applied to the purposes for which they were paid), such as payments of taxes and operating expenses, paid to Tenant pursuant to each sublease which Landlord is obligated to recognize or elects to recognize under Section 25, to be held by Landlord subject to the terms of such sublease, (ii) each written guaranty and warranty then in effect with respect to the Improvements, (iii) to the extent then in Tenant's possession, each Governmental Action then required under Applicable Laws for the use, possession, operation or maintenance of the Premises, (iv) executed copies of all service and maintenance contracts then in effect with respect to the Premises, (v) all operating manuals, maintenance records and similar documents then in Tenant's possession that relate to the operation or maintenance of the Premises, (vi) all keys and combinations in Tenant's possession to all doors and other locks in the Improvements and (vii) at least one complete set of as-built plans of the Improvements. (d) If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease, without Landlord's consent or a new lease, then Landlord, without waiving any other rights or remedies hereunder, may elect to treat Tenant as a tenant from month to month, subject to all the terms of this Lease, except that the Fixed Rent shall be the amounts provided for herein multiplied by 150%, provided that if Fixed Rent immediately before such expiration or termination is $0, then Fixed Rent shall be 150% of the fair market rental value of the Premises for a month-to-month "as-is" Lease. (e) The provisions of this Section 9 shall not be applicable if this Lease is terminated pursuant to Tenant's exercise of its right to purchase the Premises pursuant to Section 6(a) and (b) or Section 46.

Appears in 1 contract

Sources: Lease (Alexanders Inc)

Surrender. Tenant agrees that on On the last day of the Term, Term of this Lease Agreement or on the sooner termination of this Leasethereof in accordance with the terms hereof, Tenant shall peaceably surrender the premises to Landlord (a) Premises in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted), and (b) otherwise consistent with Tenant’s duty to make repairs as provided in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this LeaseArticle 9 hereof. On or before the expiration or sooner termination of this Leasesaid last day, (i) Tenant shall at its expense remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage its equipment from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage repairing any damage caused by such removalthereby, and (ii) any property not removed shall be deemed abandoned. All alterations, additions and fixtures other than Tenant’s trade fixtures, which have been made or installed by either Landlord mayor Tenant upon the Premises shall remain as Landlord’s property and shall be surrendered with the Premises as a part thereof, or shall be removed by notice to Tenant given not later than ninety (90) days prior to Tenant, at the Expiration Date (except in the event option of a termination of this Lease prior to the scheduled Expiration DateLandlord, in which event no advance notice Tenant shall be required), require Tenant at Tenant’s its expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused thereby. It is specifically agreed that any and all telephonic, coaxial, ethernet, or other computer, wordprocessing, facsimile, or electronic wiring installed by such removal. Notwithstanding Tenant within the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations Premises (hereafter "Wiring”) shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expensecost at the expiration of the Term, and Tenant waives all claims against unless Landlord for any damages resulting from Landlord’s retention and disposition of such property; providedhas specifically requested in writing that said Wiring shall remain, however, that Tenant whereupon said Wiring shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in be surrendered with the Premises as Landlord’s property. If the property Premises are not surrendered at the end of Landlordthe Term or the sooner termination thereof, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, claims made by any succeeding tenant founded on such delay. Tenant shall promptly surrender all keys for the Premises to Landlord at the place then fixed for payment of rental and shall inform Landlord of combinations on any locks and safes on the Premises.

Appears in 1 contract

Sources: Lease Agreement (Health Fitness Corp /MN/)

Surrender. Tenant agrees that on Upon the last day expiration of the Term, Term or on the sooner any earlier termination of this the Lease, Tenant shall, if Landlord so requests, remove all exposed computer, telephone and other wiring, cables and equipment and Tenant's property; and tenant shall surrender the premises Demised Premises to Landlord (a) broom-clean and in good condition and repair (damage by acts of Godcondition, fire, and normal ordinary wear and tear and damage from causes beyond Tenant's reasonable control excepted. In the event of Tenant's failure to so remove such equipment or Tenant's property, Landlord shall have the option either to retain such property without obligation to Tenant or to dispose thereof at Tenant's expense, including a charge of fifty cents per square foot of rentable area for removal of wiring and equipment. If Tenant retains possession of the Demised Premises or any part thereof after the expiration of the Term or earlier termination of the Lease, without Landlord's prior consent, Tenant (without prejudice to any of Landlord's other rights and remedies) shall pay to Landlord, on a daily basis, an amount equal to one and one-half (1-1/2) times the Net Rent stipulated in Section 1.04(a) hereof (or the Net Rent payable during the Extended Term, if any), and (b) otherwise for the time Tenant thus remains in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Leasepossession, (i) Tenant shall remove all reasonable costs and expenses relating to the Building incurred by Landlord for such period of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal's holdover, and (ii) all damages sustained by Landlord may, by notice to Tenant given not later than ninety (90) days prior reason of Tenant's retention of possession. Nothing contained in the Lease shall be construed as a consent by Landlord to the Expiration Date (except in occupancy or possession by Tenant of the event of a Demised Premises beyond the expiration or prior termination of this Lease the Term, and Landlord, upon such expiration or prior termination of the Term shall be entitled to the scheduled Expiration Date, benefit of all legal remedies now in which event no advance notice shall be required), require Tenant at Tenant’s expense force or hereafter enacted relating to remove any or all Alterations (but not any the speedy repossession of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of LandlordDemised Premises.

Appears in 1 contract

Sources: Lease Agreement (Medco Health Corp)

Surrender. Tenant agrees that on the last day of the Term, or on the sooner termination of this Lease, Tenant shall surrender the premises to Landlord (a) in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted), and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before Upon the expiration or sooner termination of the Term of this Lease, (i) if Tenant shall has fully and faithfully perform-ed all of the terms, conditions and covenants of this Lease to be performed by Tenant, but not otherwise, Tenant shall, at its sole cost and expense, remove all personal property and trade fixtures which Tenant has installed or placed in or on the Premises (all of which are hereinafter referred to as "Tenant’s Property (as hereinafter defined's Property") and Tenant’s signage from the Premises, the Building Premises and the Project and repair, patch, repair and repaint to match any all damage any damage caused by thereto resulting from such removal, and Tenant shall thereupon surrender the Premises in the same condition as on the Occupancy Date, reasonable wear and tear excepted. If Tenant has not fully and faithfully performed all of the terms, conditions and covenants of this Lease to be performed by Tenant, Tenant shall never-theless remove Tenant's Property from the Premises in the manner aforesaid within fifteen (ii15) days after receipt of written direction to do so from Landlord. In the event Tenant shall fail to remove any of Tenant's Property as provided herein, Landlord may, by notice to Tenant given but is not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Dateobligated to, in which event no advance notice shall be required), require Tenant at Tenant’s expense to 's expense, remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s 's Property not so removed and repair all damage to the Premises resulting from such removal, and Landlord shall have no responsibility to Tenant for any loss or damage to Tenant's Property caused by or resulting from such removal or otherwise. If the Premises is not surrendered at the end of the Term, Tenant shall indemnify Landlord against all loss or liability resulting from delay by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in so surrendering the Premises as including, without limitation, any claims made by any succeeding tenant due to such delay. Tenant agrees not to commit or allow waste to be committed on any portion of the property of LandlordPremises.

Appears in 1 contract

Sources: Office Lease (Mego Financial Corp)

Surrender. Tenant agrees that will not commit or allow any waste to be committed on the last day any portion of the Term, Premises. On or on before the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from within the Premises, the Building and Outside Areas, and shall vacate and surrender the premises Premises, the Building, the Outside Areas and the Property to Landlord in the same condition, broom clean, as existed at the Lease Commencement Date, except for reasonable wear and tear, casualties, condemnation, Hazardous Materials (a) in good condition and repair (damage other than those released or emitted, or brought to the Property, by acts of GodTenant or another Tenant Party), firerepairs for which Tenant is not responsible pursuant to this Lease, and normal alterations or other interior improvements which Tenant is permitted to surrender at the termination of this Lease. Tenant shall repair all damage to the Leased Premises, the exterior of the Building and the Outside Areas caused by Tenant’s removal of Tenant’s property. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls (except for reasonable wear and tear excepted)) and, where necessary, replace or resurface same. Additionally, if and (b) otherwise to the extent required pursuant to Paragraph 10.4, Tenant shall, upon the expiration or sooner termination of Lease, remove any Tenant Alterations and repair all damage caused by such removal. If the Premises, the Building, the Outside Areas and the Property are not surrendered to Landlord in accordance with the condition required by this Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before at the expiration or sooner termination of this Lease, (i) and if such failure continues for 5 business days after Landlord’s written notice to Tenant describing such failure in reasonable details, such failure will constitute a holding over pursuant to Paragraph 25, and in addition if the Premises, the Building, the Outside Areas and the property are not surrendered to Landlord in the condition required by this Paragraph at the expiration or sooner termination of this Lease, Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expense, independent contractors to perform such work. Tenant shall remove be liable to Landlord for all of Tenant’s Property (as hereinafter defined) costs reasonably and Tenant’s signage from actually incurred by Landlord in returning the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior Outside Areas to the Expiration Date (except in required condition, together with interest on all costs so incurred from the event of date paid by Landlord at a termination of this Lease prior rate equal to the scheduled Expiration DateInterest Rate (as defined in Paragraph 33.7) until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, in which event no advance notice shall be required), require within 10 days of Landlord’s billing Tenant at Tenant’s expense for same. Tenant will use commercially reasonable efforts to remove any or all Alterations (but not any meet with Landlord for a joint inspection of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at Premises on or about the time of the expiration date of this Lease. If Tenant fails to use commercially reasonable efforts to arrange such joint inspection, Landlord’s consent, which Alterations shall be removed. Any of inspection at or after Tenant’s Property not so removed by Tenant as required herein shall vacation of the Premises will be conclusively deemed abandoned and may be stored, removed, and disposed correct for purposes of by Landlord at determining Tenant’s expense, responsibility for repairs and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlordrestoration.

Appears in 1 contract

Sources: Lease Agreement (Fusion-Io, Inc.)

Surrender. Tenant agrees that on the last day Upon termination of the Term, Lease Term or on the sooner earlier termination of this LeaseTenant's right of possession, Tenant all Tenant-Made Alterations and any improvements constructed by Landlord pursuant to the Construction Addendum, if any, attached hereto ("Initial Improvements") shall surrender remain in the premises to Landlord (a) in good condition and repair (damage by acts Premises as the property of GodLandlord. Alternatively, fireupon any such termination, and normal wear and tear excepted), and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required)Tenant, require Tenant at Tenant’s 's expense to remove any or all Alterations (but not Trade Fixtures and/or any of the initial Tenant Improvements) or all Tenant-Made Alterations, and to repair any damage caused by such removal; provided that Tenant shall not be required to remove any of the Initial Improvements. Notwithstanding the foregoingIn addition, when consenting to any Tenant-Made Alterations, Landlord shall notify indicate whether Landlord shall require Tenant to remove such Tenant, -Made Alterations at the time end of Landlord’s consent, which Alterations shall be removedthe Lease Term. Any of Trade Fixtures, Tenant’s Property -Made Alterations or Initial Improvements not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s 's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s 's retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All obligations of Tenant Improvements hereunder not fully performed as of the termination of the Lease Term shall survive the termination of the Lease Term, including without limitation, indemnity obligations, payment obligations with respect to Operating Expenses and Alterations except those which Landlord requires Tenant to remove shall remain in obligations concerning the Premises as condition and repair of the property of LandlordPremises.

Appears in 1 contract

Sources: Lease Agreement (CVC Inc)

Surrender. Tenant agrees that on Upon the last day of the Term, expiration or on the sooner earlier termination of this Lease, Tenant shall surrender the premises Premises to Landlord (a) in as good a condition and repair (damage as on the date available for occupancy by acts of GodTenant, fire, and normal reasonable wear and tear from the last repair required hereunder, casualty damage and damages caused by Landlord’s failure to make repairs required of Landlord hereunder excepted). Tenant shall have no obligation to remove any alterations, and (b) otherwise additions or modifications in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the Premises upon the expiration or sooner termination of this Lease except as requested by Landlord in connection with its approval as set forth in Section 9 hereof or as required by Section 15 hereof. Any personal property and leasehold improvements remaining in the Premises after the expiration or other termination of this Lease may be disposed of by Landlord as it sees fit and without liability. By the expiration or earlier termination of this Lease, (i) Tenant shall, and shall have the absolute right to, remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage to the Premises caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any removal of Tenant’s Property and signage. If Tenant fails to so remove Tenant’s Property and signage, Landlord may (but shall not so removed be obligated to) remove Tenant’s Property and signage and store the same and repair all damage caused by Tenant as required herein shall be deemed abandoned and may be storedthe removal thereof, removed, and disposed of by Landlord all at Tenant’s expense. In that event, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to reimburse Landlord for all costs and expenses incurred in storing the removal and disposing storage of such abandoned personal property and signage and the repair of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as within ten (10) days after Landlord notifies Tenant of the property amount of Landlordthe costs and expenses. This Section 25 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Ensemble Health Partners, Inc.)

Surrender. Tenant agrees that on the last day The voluntary or other surrender of the Termthis Lease by Tenant, or on a mutual cancellation thereof, shall not constitute a merger, and shall, at the sooner option of Landlord, operate as an assignment to Landlord of any or all subleases or subtenancies. Upon the expiration or earlier termination of this Lease, Tenant shall agrees to peaceably surrender the premises Premises to Landlord (a) broom clean and in good condition a state of first- class order, repair and repair (damage by acts of Godcondition, fire, and normal ordinary wear and tear and casualty damage (if this Lease is terminated as a result thereof pursuant to Paragraph 20) excepted), and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations Tenant's personal property and Alterations (as defined in Paragraph 13) removed from the Premises to the extent required under this LeaseParagraph 13 and all damage caused by such removal repaired as required by Paragraph 13. On or before In addition, unless otherwise agreed to in writing by Landlord, upon the expiration or sooner earlier termination of this Lease, Tenant shall, at Tenant's sole cost and expense, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) computer and Tenant’s signage from telephone wiring and cabling installed in the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused Premises by such removal, or for Tenant and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property If any such wiring and/or cabling is not so removed by Tenant as required herein pursuant to this Subparagraph 11(a), then at Landlord's option, either such wiring and/or cabling shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as become the property of Landlord (without payment by Landlord) or Landlord may remove such wiring and/or cabling at Tenant's expense (without limiting Landlord's other remedies available under this Lease or applicable law). Prior to the date Tenant is to actually surrender the Premises to Landlord, Tenant agrees to give Landlord reasonable prior notice of the exact date Tenant will surrender the Premises so that Landlord and Tenant can schedule a walk-through of the Premises to review the condition of the Premises and identify the Alterations and personal property which are to remain upon the Premises and which items Tenant is to remove, as well as any repairs Tenant is to make upon surrender of the Premises. The delivery of keys to any employee of Landlord or to Landlord's agent or any employee thereof alone will not be sufficient to constitute a termination of this Lease or a surrender of the Premises.

Appears in 1 contract

Sources: Office Building Lease (Simpson Manufacturing Co Inc /Ca/)

Surrender. Tenant agrees that on the last day of the Lease Term, or on promptly following any sooner termination, to surrender the Premises to Landlord in the condition received by Tenant, reasonable wear and tear, acts of God, casualties, condemnation, Hazardous Materials as defined in Paragraph 17 hereof (other than those stored, used, generated, or disposed of by Tenant, its employees, agents, contractors and invitees in or about the Premises in violation of "Law" as defined in Paragraph 11), and Alterations as defined in Paragraph 10 made by Tenant which Landlord has indicated that Tenant shall not be required to remove, excepted. Tenant agrees, at its sole cost, to remove all non category 5 or better phone and data cabling form the suspended ceiling and repair or replace broken ceiling tiles, and re-level the ceiling if required by Landlord at the end of the Lease Term. Tenant shall ascertain from Landlord within Thirty (30) days before the Expiration Date (or promptly following any sooner termination of this Lease) whether Landlord will require Tenant to remove any Alternations made by Tenant at the Premises, provided that at the time of approval, Landlord has specified that the Alteration will have to be removed at the termination of the lease; If Landlord shall so require, then Tenant shall surrender the premises to remove such Alterations as Landlord (a) in good condition may designate and shall repair (damage by acts of God, fire, and normal wear and tear excepted), and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage to the Premises occasioned by the removal before the Expiration Date or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Leasepromptly following any sooner termination at Tenant's sole cost and expense. On or before the expiration end of the Lease Term or promptly following any sooner termination, Tenant shall remove all of its personal property and trade fixtures form the Premises, and all property and fixtures not so removed shall be deemed to be abandoned by Tenant. If the Premises are not surrendered at the end of the Lease Term or sooner termination of this LeaseLease in the condition required by this paragraph, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) indemnify, defend and Tenant’s signage hold harmless Landlord against loss or liability resulting from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed delay by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in so surrendering the Premises as the property of Landlordincluding, without limitation, any claims made by any succeeding tenant founded on such delay.

Appears in 1 contract

Sources: Lease Agreement (Integrated Telecom Express Inc/ Ca)

Surrender. Tenant agrees that on the last day Upon termination of the Term, Lease Term or on the sooner earlier termination of this LeaseTenant’s right of possession, Tenant shall surrender the premises Premises to Landlord (a) in good the same condition and repair (damage by acts of Godas received, firebroom clean, and normal ordinary wear and tear and casualty loss and condemnation covered by Paragraphs 15 and 16 excepted), and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Trade Fixtures, Tenant’s Property -Made Alterations and property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided. All obligations of Tenant hereunder not fully performed as of the termination of the Lease Term shall survive the termination of the Lease Term, howeverincluding without limitation, that indemnity obligations, payment obligations with respect to Operating Expenses and obligations concerning the condition and repair of the Premises. Notwithstanding the provisions of this Paragraph 21, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant not be obligated to remove shall remain in any or all of the Initial Improvements to the Premises as constructed by Landlord pursuant to the property Construction Addendum attached to this Lease, nor any Tenant-Made Alterations constructed by or for the benefit of LandlordTenant during the Lease Term, provided that in connection with the approval of the plans and specifications for such Tenant-Made Alterations, Tenant specifically requested and obtained in writing the agreement of Landlord that such Tenant-Made Alterations would not be required to be removed upon the expiration or termination of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Volterra Semiconductor Corp)

Surrender. Tenant agrees that on the last day of the Term, or on the sooner termination of this Lease, Tenant shall surrender the premises Premises to Landlord (a) in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted), but with all interior walls painted or cleaned so they appear painted, any carpets cleaned, all floors cleaned and waxed and all non-working light bulbs and ballasts replaced, and (b) otherwise in accordance with Paragraph 33(b)(iii32(h). Normal wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains on any portion of the floors) any damage or deterioration that would have been prevented by proper maintenance by Tenant Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s 's Property (as hereinafter defined) and Tenant’s 's signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s 's expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s 's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s 's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s 's retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the end of the Term or sooner termination of this Lease, and in accordance with the provisions of this Paragraph 11 and Paragraph 32(h) below, Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Paragraph 35 below) until the Premises are so surrendered in accordance with said Paragraphs, and Tenant shall indemnify, defend and hold Landlord harmless from and against any and all loss or liability resulting from delay by Tenant in so surrendering the Premises including, without limitation, any loss or liability resulting from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses to Landlord due to lost opportunities to lease any portion of 24 the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costs.

Appears in 1 contract

Sources: Lease Agreement (Combichem Inc)